OBIETONBARA O. DANIEL-KALIO, J.C.A. (Delivering the Leading Judgment): This appeal is in respect of the judgment of the Hon. Chief Judge of Kaduna State delivered on 12/4/16, in which a preliminary objection was upheld and the Appellant's application dismissed.
It is necessary to give a brief background to the judgment now on appeal. The 1st Respondent Dele Yusuf sued Hussain Y. Hajaig and others who are not parties in this appeal at the Upper Sharia Court, Zaria. Dele Yusuf in the suit, claimed to be a son of one Yusuf Hajaig now late and therefore entitled to a share of the late Yusuf Hajaig's estate under Islamic law. His claim before the Upper Sharia Court was dismissed on 22/1/98. Dissatisfied, he appealed against the said judgment to the Sharia Court of Appeal. The Sharia Court of Appeal found in his favour and set aside the judgment of the Upper Sharia Court. The Sharia Court of Appeal declared him as a legal son of late Yusuf Hajaig and that he was entitled under Islamic law, t…