AISHATU ABUBAKAR & ORS. V. LARABA ALI & ORS.

BABA ALKALI BA' ABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Hon. Justice Bashir Sukola of the Kaduna State High Court, delivered on the 11th day of April, 2002, dismissing the appellants' claims and holding that the disputed property situate at No. L.G.3, Kaltungo Road, Tudun Wada, Kaduna, devolved in the heir of late Ali Mai Ungwa.

The appellants who were the plaintiffs before the lower court for a writ of summons dated the 27th day of May, 1998 before the Kaduna State High Court and subsequently filed their statement of claim dated the 30th day of April, 1998, filed on the 22nd day of May, 2002.

The appellants as plaintiffs by their paragraph 14 of their statement of claim, claim the following:-

"14. WHEREOF the plaintiffs claim against the defendants jointly and severally as follows:-

(a) A declaration that property situate at No.L.G.3, Kaltungo Road, Tudun Wada, Kaduna belongs to late Ibrahim Ali.

(b) A declaration that the plaint…