MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Shariah Court of Appeal, Birnin Kebbi, Birnin Kebbi Judicial Division, delivered on 10/6/2020 affirming the judgment of the Appellate Upper Shariah Court IV, Birnin Kebbi.
Before the trial Shariah Court Gwandagwaji, the Appellant instituted an action against the Respondents, seeking for the distribution of the estate of their deceased grandfather, Rabiu Danjada who died, and left behind four farmlands and a house and was survived by four heirs to wit, 3 males and 1 female.
Upon explaining the Claimants' claim to the Defendants, they both confirmed that their grandfather, Rabiu Danjada died leaving behind 3 farms as the purported fourth farm does not exist. They also agreed that there is a house at Bakin Kasuwa of Bami Mai Ruwa but that all the farms have been shared after the death of the said Rabiu Danjada 50 years ago. However, after measurement of the farmlands, the Defend…