HUSSEIN MUKHTAR, J.C.A. (Delivering the Leading Judgment): The appellant was sued by the respondent at the Upper Sharia Court III Birnin Kebbi claiming for the distribution of the estate of their deceased father Aliyu Fama Gwadangwaji, who died and left behind four male children, and three female children, and also left behind estates which includes two houses, one farm at Gwadangwaji town and four fadama farms.
The defendant/appellant herein, through his representative counter claimed that there are two houses, two farms and a starlet car in the possession of the plaintiff/respondent which are part of the estate left behind by their deceased father Aliyu Fama which two farms two houses, and starlet car were bought from the proceeds of farm product when their father was alive. The trial Court asked both the defendant/appellant and plaintiff/respondent to present witnesses to prove their respective claims, and finally the trial Court found the defendant/appellant witnesses credible and …