HUSSAM YUSUF HAJAIG & IHAB YUSUF HAJAIG V. DELE YUSUF HAJAIG, ALKALI JUMARE JALALU & ATTORNEY-GENERAL KADUNA STATE

PETER-ODILI JCA (Delivering the Lead Judgment): This is an appeal against the decision of the Kaduna State High Court presided over by Honourable Justice M. L. Bello sitting in Zaria in a judgment delivered on 28 April 2005. The respondents in the suit now appellants, dissatisfied with the decision of the lower court appealed to this court on eight grounds of appeal.

Facts:

The 1st respondent as applicant for an order of judicial review before the lower court sought to have the decision of the trial Upper Area Court I GRA, Zaria quashed on the grounds inter alia that the trial court had contravened the provision of section 5 of the Area Courts (Civil Procedure) (Amendment) Rules, 1994. The 1st respondent also contested before the lower court that the trial court adopted the Islamic Law mode of trial but had not applied it instead followed the pattern of the common law trial and as such, occasioned a miscarriage of justice. The respondent had claimed his own share as a son from th…