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ALLAMAI DANTANI V. ALHAJI KAKAN DAJI

(1998) JELR 48733 (CA)

Court of Appeal  •  CA/K/117/S/96  •  27 Feb 1998  •  Nigeria

Coram
MURITALA AREMU OKUNOLA JCA; MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JCA; IBRAHIM TANKO MUHAMMAD JCA;

Judgement

MUNTAKA-COOMASSIE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Kebbi State Sharia Court of Appeal in which the appellant's application to appeal to the Sharia Court of Appeal out of time was turned down. The appellant was six months out of statutory period for appeal. The court below refused to extend time for the lady appellant to appeal.

The facts of this case are quite interesting and revealing. The appellant as Plaintiff instituted an action before the Upper Area Court III Birnin Kebbi asking the court to cause the Estate of her late father hitherto with the defendant, Alhaji Kakan Daji Masama, to be distributed in accordance with the dictates of Sharia.

The Estate, according to the plaintiff, herein-after referred to as the appellant, are as follows:-

(1) Thirty five cows;

(2) Forty five sheep

(3) Nine farm land

(4) Two dwelling houses and

(5) One Silo (Rihewa) or grain-store

The defendant, now respondent, flatly denied the claim of theā€¦

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