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VICTORIA SARKI
V.
DANIEL SARKI & ORS

(2021) JELR 92183 (CA)

Court of Appeal 24 Jan 2021 Nigeria
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- The case involved a dispute over the distribution of the estate of Sunday Sarki Awak, who died intestate and without a child. The respondents (parents/heirs) claimed entitlement under Awak custom, while the appellant (widow/administratrix

Case Details

Suit Number:CA/G/90/2018
Judges:JUMMAI HANNATU SANKEY, JCA UZO I. NDUKWE-ANYANWU, JCA JAMES GAMBO ABUNDAGA, JCA
Counsel:Olufemi Olubiyi, Esq. for the Appellant; Umar Sai’d, Esq. for the Respondents.

JAMES GAMBO ABUNDAGA, J.C.A. (Delivering the Lead Ruling): This is an appeal against the Judgment of Gombe State in Suit No. GM/350/2015 delivered on 20th July, 2017. The Judgment is predicated upon the suit of the Respondents, who in their writ of summons endorsed with a statement of claim, as plaintiffs claimed the following:-

(a) Declaration that by virtue of Awak custom and tradition, the plaintiffs are the legitimate heirs to late Sunday Sarki Awak who died intestate and without a child.

(b) Declaration that the distribution made on 22/8/2015 by late Sunday Sarki’s family according to Awak custom and tradition with an appreciable proportion of the estate to the defendant is fair and just.

(c) An order compelling the defendant to produce and hand over all the original title documents of the landed properties and the boxer bus a distributed by the family on 22/8/2015.

(d) An order compelling the defendant to account fully for all the moneys collected in her capacity as next of kin …

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