Ratio DecidendiRatio DecidendiRatio Decidendi



JIDDUN
V.
ABUNA & ANOR

(2000) JELR 44164 (SC)    

Supreme Court  ·  SC.135/1994 ·  6 Oct 2000 ·  Nigeria
 · 
Other Citations
Jiddun v. Abuna (2000) 14 NWLR (Pt.686) 209 (2000) 10-11 S.C 19 (2000) 22 W.R.N 87
Jiddun v. Abuna (2000) 14 NWLR (Pt. 686) 209
CORAM
ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria OKAY ACHIKE Justice of The Supreme Court of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
court
appeal
court of appeal
hajiya kwayisu
trial upper area court
alhaji ramat
sharia court of appeal
trial court
upper area court
plaintiffs
sharia law
1st defendant
judgment of the trial upper area court
alhaji juddum
decision of the trial upper area court
sharia
complete judicial proof
islamic scholars
leading judgment
position of the parties
procedural law
relations of alhaji ramat
briefs of argument
estate of alhaji ramat
facts of this case
maliki law
plaintiff fails
respondent
share of the appellants
bornu upper area court
court of appeal judgment
death of alhaji ramat
following issue
given case
ihkamul ahkam page
islamic sharia
learned trial judge
lower court
order of the sharia court of appeal
part of the plaintiff
proper order
representatives of the deceased persons
residence of alhaji ramat
share of hajiya kwayisu
sharia court of appeal judgment
unanimous decision
wives hajiya kwayisu

WALI, JSC (Delivering the Leading Judgment): The facts of this case are not seriously in dispute between the contestants. The deceased, Alhaji Ramat and Hajiya Kwayisu were husband and wife living in the matrimonial residence provided by the husband. Apart from Hajiya Kwayisu, Alhaji Ramat had two other wives namely, Ya Adama and one other. They were both living with him in the same house.

One night, a gang of armed robbers attacked and broke into the residence of Alhaji Ramat causing serious injuries to Alhaji Ramat and one of his wives Hajiya Kwayisu, resulting in their death.

Following the death of Alhaji Ramat and Hajiya Kwayisu, the guardians of Hajiya Kwayisu and the relations of Alhaji Ramat, in consultation with some Islamic scholars learned in sharia, shared the estate of Alhaji Ramat among his surviving heirs. They gave 1/8th of the estate to the wives, Hajiya Kwayisu inclusive. Hajiya Kwayisu was allotted a house with six rooms. Alhaji Juddum, the 1st defendant in this cas…

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