(1998) JELR 45664 (SC)    

Supreme Court  ·  SC.215/1994 ·  16 Jan 1998 ·  Nigeria
Other Citations
Jatau v. Mailafiya (1998) 1 NWLR (Pt.535) 682 (1998) 1-2 S.C 46
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria
Core Terms Beta
muhammadu mailafiya
sharia court of appeal
upper area court
trial court
missing person
lead judgment
evidence of pw3
farm land
learned counsel
sufficient evidence
area court judge
junior brother
learned author
learned justice of the court of appeal
missing persons family
upper area court judge
appellate court
case issue of inheritance of a house
claim of lnno
decision of the upper area court
direct evidence
elucidation of several principles of islamic law
estate of a missing person
father mailafiya
fathul aliyil malik vol.
fee simple of a property
following orders
heir of the said deceased predecessor
house of the appellant
inno muhammadu mailafiya
islamic law muhammadu mailafiya
judgment of the area court
leading judgment
mother of the appellant
number of courts
proof of her assertion
respect of the said estate
said muhammadu malafiya
satisfactory evidence
search of her father
sharia division of the court of appeal
slipshod judgment
subject matter of a claim
testimony of pw4
zariya area court no.2

MOHAMMED, J.S.C. (Delivering the Leading Judgment): Inno Muhammadu Mailafiya, the respondent in this appeal, left Dirin Daji, a town which was formerly in Sokoto State (now in Kebbi State) and came to Zariya. Inno had come out in search of her father, Muhammadu Mailafiya, who left her when she was 9 years old and her mother many years ago and had not returned. On her arrival at Zariya, Inno was taken to the house of the appellant, at Kofar Jatau Quarters. It was alleged that the house belonged to the family of one Muhammadu Mailafiya. Because of the number of courts which this case went through I will refer to the respondent as Inno for ease of reference.

lnno was taken to a woman whose junior brother was called Muhammadu Mailafiya. The woman told Inno that her junior brother left home 60 years ago and nobody had reported to have seen or heard of him. The woman was the mother of the appellant. Inno told the woman that Muhammadu Mailafiya was her father and that she came to Zariya in o…

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