MUHAMMADU MAI AWAKI V. HABBI ALHAJI UMARU

ADAMU JCA (Delivering the Lead Judgment): In this case, the respondent claimed from the appellant three farms as part of the share of her late father’s inheritance. The three farms had been in possession of the appellant after the death of his brother Sulaiman (the respondent’s late father). The respondent’s claim to the three farms was prompted when the appellant sold one of the farms. The case emanated from an order of retrial A from the Upper Sharia Court, Jega to the trial court. The Sharia Court, Suru. When the claim was read to the appellant by the trial court, he denied selling the farm and he asserted that both himself and the respondent’s late father were full brothers and they jointly inherited 10 farms on the demise of their late father. The respondent asserted that the 10 farms allegedly inherited jointly had been shared between the appellant and her late father.

The list of the 7 farms owned by her late father was given. An earlier dispute between the appellant and one S…