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SHARU
V.
UMMA & ANOR.

(2002) JELR 33218 (CA)

Court of Appeal 10 Jan 2002 Nigeria
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Case Details

Suit Number:CA/K/172/S/94
Judges:RABIU DANLAMI MUHAMMAD Justice of The Court of Appeal of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Court of Appeal of Nigeria SULE AREMU OLAGUNJU Justice of The Court of Appeal of Nigeria
Counsel:I. G. Waru, Esq. (holding the brief of A. Malami Esq.) For Appellant R. A. Sadik Esq. For Respondent

I. T. MUHAMMAD, J.C.A. (Delivering the Leading Judgment): At the Upper Area Court No.4, Kawaji, Kano (trial court), one Alhaji Auwalu was the plaintiff. He was seeking that court's assistance to distribute the estate of late Alhaji Sharu Balarabe, amongst his heirs.

The trial court acceded to the request and directed that all the heirs should attend the court on 25/4/85. On that date, all the heirs were present in court. The deceased, the plaintiff claimed, left behind: a widow, Hajiya Umma; six children, four males and two females.

The deceased left some movable and immovable properties including some raw cash.

One Hajiya Sa'a, who is now the appellant, claimed that she was married to the deceased. And at the time of his death, she was observing her idda (waiting period) in his favour. This was flatly denied by the first set of heirs, including the plaintiff. After taking evidence, the trial Judge found that it was necessary for the appellant to swear to an oath, that she was still m…

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