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AUGUSTINE JOSEPH & ORS v. JONAH JOSEPH & ANOR

(2016) JELR 41000 (CA)

Court of Appeal  •  CA/J/137/2014  •  29 Jun 2016  •  Nigeria

Coram
JUMMAI HANNATU SANKEY JCA SAIDU TANKO HUSSAINI JCA BIOBELE ABRAHAM GEORGEWILL JCA

Judgement

JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the Judgment of the High Court of Justice, Gombe State sitting in its appellate jurisdiction in Appeal No: GM/83A/2007 over the Judgment of the Upper Area Court, Billiri delivered on 27-09-2007. The trial Upper Area Court had, in its judgment, distributed the estate of Joseph Polis among his heirs, and its decision was affirmed by the Gombe State High Court. Dissatisfied with the decision of the Gombe State High Court, the Appellants, with the leave of Court granted on 26-07-2013, further appealed to this Court vide a Notice of Appeal containing two Grounds. The Notice of Appeal is dated 23-08-2007 and was filed on 27-08-2013.

A summary of the facts of the case is as follows: Joseph Polis, (deceased), the father of both the Appellants and the Respondents herein by different mothers, died intestate and left behind an estate, wives and children. During his life time, he had children with three diff…

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