RIDWAN MAIWADA ABDULLAHI, JCA (Delivering the Leading Judgment): This is an appeal against the decision of the Sharia Court of Appeal, Kaduna State herein referred to as the lower Court, sitting at Zaria, wherein the Appellants, being dissatisfied with the decision of the Upper Sharia Court No. 3, Tudun Wada, Zaria, herein referred to as the trial Court, appealed against the decision of the said trial Court which was upheld by the lower Court, hence, the filing of this appeal.
BRIEF STATEMENT OF FACTS
The Appellants herein were the Plaintiffs at the Upper Sharia Court No. 3 Tudun Wada, Zaria, via the instructions of the Kaduna State Sharia Court of Appeal for the said Upper Sharia Court to retry the case for sharing the estate of late Sheikh Abdulkadir Aliyu which included 4 houses.
The Defendants who are the Respondents herein admitted and conceded that 3 of the houses are part of the estate of late Sheikh Abdulkadir Aliyu but claimed the 4th house as theirs. The trial Court at its deci…