TUKUR, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal sitting at the Sokoto State Division, delivered by on 25th day of May, 2018 in Appeal No. CA/S/121s/2017 wherein the appeal from the Sharia Court of Appeal Kebbi State, which sat on appeal from the Upper Sharia Court III, Birnin Kebbi was dismissed on the basis that the properties in dispute are the respondent’s personal property and do not form part of the estate of Aliyu Fama Gwadangaji.
The respondent herein as plaintiff instituted an action before the Upper Sharia Court III on the 19th day of April, 2016 against the defendant (now appellant) praying the court to share the inheritance of their late father Aliyu Fama Gwadangaji which estate includes; two houses, one farm land at Gwadangaji town and four farmland farms.
Hearing commenced on the 26th of April, 2016. The respondent, as the plaintiff, brought the action requesting the court to call upon the legal heirs of their d…