MOHAMMED BABA IDRIS, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Kaduna Division, in Appeal No. CA/K/177/S/2009, delivered on August 21, 2017, affirming the judgment of the Kaduna State Sharia Court of Appeal in Appeal No. KDS/SCA/KD/119/2006.
The appeal arose from a series of cases relating to the distribution of the Estate of late Hajiya Lantana. The issue centers on the inheritance of a house at No. 1, Kinshasa Road, Ungwar Rimi, Kaduna, originally owned by Hajiya Lantana, the mother of the Respondents and the late father of the Appellants. The case traces a lengthy legal journey, starting from the Upper Sharia Court at Daura Road, Kaduna in Case No. 344/98, moving through the Sharia Court of Appeal in Appeal No. KDS/SCA/KD/110/98, and then back to the Upper Sharia Court in Suit No. 102/2005, and later on to the Court of Appeal in Appeal No. CA/K/177/S/2009 and now, the instant appeal before this Court.
Pursuant to the de…