TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the judgment in respect of the decision of the Sharia Court of Appeal, Kebbi State delivered on 9/7/2013.
The Sharia Court of Tungar - Dan Nafe was the Court of first instance where the plaintiff (now the Respondent) initiated the action originally.
The claim of the plaintiff at the Court of first instance read thus:
?I Muh?d Bello Alh. Salah Gwadi is suing one Muh?d Ruwa Alh. Salah Gwadi over the issue of the houses our Father (Alh. Saleh) bought from Dikko Chama. The left the houses under the case (sic) of Muh?d Ruwa, We asked him to give the houses so that they will be divided to rightful heirs. But up to now he refused, this is why I am suing him before this Court, so that the Court will recover the houses and divide them to the heirs.?
The claimant at the Court of first instance won the case, as the decision of the Sharia Court of Tungar - Dan Nufe was in his favour. The respondent, not satisfied with the deci…