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MOHAMMED LADAN TSAMIYA, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the Ruling of the High Court of Kwara State in the Ilorin Judicial Division delivered on 07/11/2012 in Suit No. KWS/16M/2012.
The action leading to this Appeal was commenced at the Upper Area Court 1, Ilorin Division by the Appellant (the Plaintiff at the Court of 1st instance) vide an Application for civil summons in Suit No. CV/FM/14/2010 dated 7th April 2010. By the said summon, the Appellant sued her deceased husband's father, mother and two brothers as 1st and 2nd 3rd and 4th Defendants (herein Respondents) asking for the following Reliefs:
1. Declaration that the Estate relates to Abdul-Ganiyu Olushola Aiyedun is to be distributed in accordance with Islamic Law.
2. An Order for account in respect of the properties left behind by the deceased husband in care of the Respondents especially 3rd and 4th Respondents.
3. Distribution of the Estate of late Abdul-Ganiyu Olushola Aiyedun among the lega…