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(2021) JELR 109623 (CA)

Court of Appeal  •  CA/J/136S/2019  •  10 Jun 2021  •  Nigeria

Ahmad Olarewaju Belgore, JCA Ridwan Maiwada Abdullahi, JCA Mohammed Baba Idris, JCA


MOHAMMED BABA IDRIS, J.C.A. (Delivering the Leading Judgment): The Appellants herein appealed against the decision of the Shari’ah Court of Appeal, Bauchi State in Suit No. BAS/SCA/CVA/107/DB/2017 on the 3rd day of May, 2018 delivered by Honorable Khadi Umar Liman.

The facts of the case leading to this appeal as adduced from the record of appeal are to the effect that the Appellants on behalf of himself and others commenced an action vide a statement of claim in the Yame Sharia Court of Dambam Local Government Area of Bauchi State. The Appellants’ claim was a demand for inheritance due to their female parent who died without receiving their share from Mal. Garba who is alive, and from the children of their siblings who have also died. It was also claimed that the farmlands are in possession of Mal. Garba and the children of the Appellants’ maternal uncles for more than 50 years.

​After hearing the case and the testimony of the Appellants’ two witnesses the Court upon the plea of the Res…

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