SA’ADU BIBENI V. HAMMADU MUSA

TSAMIYA JCA (Delivering the Lead Judgment): This is an appeal against the judgment or the Sharia Court of Appeal, Adamawa State, delivered on 23rd day of October, 2001 in suit No. ADS/SCA/CV/3l/GY/ 2000, in which the decision of the UpperArea Court, Ganye was set aside. The facts of this case is that, the appellant as defendant, was sued at the Upper Area Court, Ganye (herein referred to as the trial court), by the A respondent, as plaintiff claiming the estate of his deceased father, Musa Sondomi. The estate comprises: 24 cows, 50 bundles of guinea corn, 10 goats,

A bicycle,

A radio,

A farmland A house (which the deceased died in),

A farm of cassava, and Other properties (not specified).

All in the custody of the appellant. The respondent prayed the trial court to recover them from the appellant and distribute to them as heirs to the deceased, Musa Sondomi. He also prayed the court to investigate the alleged debt owed by his deceased father before the payment is made to the creditors. I…