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ALHAJI JIDDUN V. ABBA ABUNA & ANOR

(2000) JELR 44164 (SC)

Supreme Court  •  SC.135/1994  •  6 Oct 2000  •  Nigeria

Coram
ABUBAKAR BASHIR WALI JSC; IDRIS LEGBO KUTIGI JSC; SYLVESTER UMARU ONU JSC; OKAY ACHIKE JSC; EMMANUEL OLAYINKA AYOOLA JSC;

Judgement

WALI, JSC (Delivering the Leading Judgment): The facts of this case are not seriously in dispute between the contestants. The deceased, Alhaji Ramat and Hajiya Kwayisu were husband and wife living in the matrimonial residence provided by the husband. Apart from Hajiya Kwayisu, Alhaji Ramat had two other wives namely, Ya Adama and one other. They were both living with him in the same house.

One night, a gang of armed robbers attacked and broke into the residence of Alhaji Ramat causing serious injuries to Alhaji Ramat and one of his wives Hajiya Kwayisu, resulting in their death.

Following the death of Alhaji Ramat and Hajiya Kwayisu, the guardians of Hajiya Kwayisu and the relations of Alhaji Ramat, in consultation with some Islamic scholars learned in sharia, shared the estate of Alhaji Ramat among his surviving heirs. They gave 1/8th of the estate to the wives, Hajiya Kwayisu inclusive. Hajiya Kwayisu was allotted a house with six rooms. Alhaji Juddum, the 1st defendant in this cas…

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