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BILKISU SADIQ ABDALLAH GASHASH v. BASAM JABER & ANOR

(2014) JELR 36308 (CA)

Court of Appeal  •  CA/K/13/2012  •  20 Jun 2014  •  Nigeria

Coram
THERESA NGOLIKA ORJI-ABADUA JCA; JOSEPH SHAGBAOR IKYEGH JCA; TIJJANI ABUBAKAR JCA;

Judgement

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): In this case the appellant appealed from a Ruling of the High Court of Justice of Kano State sitting in Kano (the court below) whereby it struck out the appellant's action before it on a preliminary objection that there is a pending appeal at the Court of Appeal over the subject matter of the action at the court below.

In summary, there had been a decision by the upper Sharia Court Rijiyan Lemo Kano in favour of the appellant against Messrs. Abbas and Mairo over the distribution of the Estate of the appellant's Late husband, one Abba Abdullahi Gashash respecting a building comprising two flats located at No. 47 Ibrahim Taiwo Road, Kano. The Sharia Court of Appeal Kano affirmed the distribution exercise of the upper Sharia Court. It refused the application of Messrs. Abass and Mairo, the full blood brothers of the appellant's Late husband, for a stay of execution of the decision of the upper Sharia Court. The respondents…

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