ADAMU JAURO, J.S.C. (Delivering the Lead Judgment): This is a final appeal against the judgment of the Court of Appeal, Sokoto Judicial Division, delivered on 24th June 2019, in Appeal No. CA/S/515/2018, which allowed the appeal of the respondents herein against the judgment of the Kebbi State Sharia Court of Appeal, Argungu Division, delivered on 18th January 2018, which had itself affirmed the judgment of the Upper Sharia Court I, Argungu, delivered on 4th May 2017.
The fulcrum of this protracted dispute, which has journeyed through the hierarchy of Courts for over two decades, concerns the administration and distribution of the estate of one late Alhaji Mai Kasuwa Sulaiman (also known as Sule), who died intestate. The bone of contention is whether two specific properties, namely, the fish pond located at Matan Fada and the Gidan Jekada, forms part of the distributable estate of the deceased or are validly owned by the appellants, either by way of a gift inter vivos or through the ap…