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SARKI MAKADA IBRAHIM V. DIJE MUHAMMADU & ANOR.

(1998) JELR 36630 (CA)

Court of Appeal  •  CA/K/845/94  •  19 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 Kaduna State Sharia Court of Appeal in which the decision of the Upper Area Court Zaria was set aside and that of trial Area Court No.3 Sabon Gari Zaria was restored.

I think it will be of a considerable clarity in further elucidation of the real issues involved in this appeal for the purposes of tracing the genesis of this case from the trial court.

The plaintiffs were Dije Muhammadu Danladi and 8 others. They instituted that action against the defendant at Area Court No.3 Sabon Gari Zaria for that court to cause the estate of Dije's deceased husband to be distributed among his lawful and surviving heirs. The estate, however, is a house situate at Kofar Fada Zaria City. Judgment was given in favour of the plaintiffs and against the defendant. The latter was said not to be entitled to any share. The house in dispute was auctioned and third party purchased same from the court and …

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