MOHAMMED LAWAL GARBA, J.S.C. (Delivering the Leading Judgment): The Respondent had sued the Appellant at the Upper Sharia Court, Jega (trial Court) and claimed as follows:
"I, Hajiya Rabi is suing Umaru Matankari over the issue that my husband Matar uncle Mal. Bawa gave the gift of a house to my husband for the past 40 years or more. The house was in possession of my husband and we are occupying it. But now after the death of my husband called Yaron Manya, the said Umaru claimed that he has right over this house. This he did not raise this issue prior to the death of my husband. Based on this I sued him to know the reason for his claim. That it was Ibrahim who gave the gift of this house to my husband 40 years ago. The said Ibrahim Tungar Kade gave him the gift of the house and 2 farms, which he inherited from his father "
In order to prove the claim, the Respondent called two (2) male witnesses; Salisu Saidu and Umaru Rabiu whose evidence supported the claim of gift of the house in dis…