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MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Sharia Court of Appeal, Federal Capital Territory, Abuja, delivered on the 4th day of May, 2023, upholding the ruling of the trial Area Court, Gudu, assuming jurisdiction to entertain the subject matter of the Respondent's claim, that is, the distribution of the estate of late Alhaji Jimoh Adekunle.
The Respondent instituted a civil suit before the trial Area Court against the Appellants for the distribution of the estate of late Jimoh Adekitan Adekunle. The Respondent was married to the deceased in accordance with Islamic Law while there was already a subsisting marriage between the deceased and the 1st Appellant under the Marriage Act, which marriage gave birth to the 2nd and 3rd Appellants.
Upon being served with the originating processes, the Appellants filed a notice of preliminary objection, challenging the jurisdiction of the trial Court. The trial Court overruled the pā¦