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(2021) JELR 109287 (CA)

Court of Appeal  •  CA/G/72/2020  •  31 May 2021  •  Nigeria

Jummai Hannatu Sankey, JCA Tunde Oyebanji Awotoye, JCA Ebiowei Tobi, JCA


JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): This Appeal is against the Ruling of the High Court of Justice Borno State sitting in its appellate jurisdiction in Maiduguri in Motion No. BOHC/GZ/CVA/002M/2013, delivered on 28th February, 2013, Coram: Mamza, J. and Mshelia, J.

The facts leading to the appeal are briefly that the parties who are siblings, along with other siblings, lost their father who died as a Muslim. Thereafter, they approached the Upper Sharia Court Gwoza in Suit No. 66/94 for the distribution of their father’s estate according to Islamic injunctions. Accordingly, the Judge distributed the estate of the deceased among his heirs on 07-12-94. Subsequently, the Respondent went back to the same Court in Suit No. 05/2006 claiming that the Appellant had sold the portion of the land awarded to her as her share of the estate and therefore sought for the enforcement of the earlier judgment of the trial Court in Suit No. 66/94.

Even though the Appellant denie…

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