HAFSATU KATSAYEL & SAIDA KATSAYEL V. AUWALU ABDULLAHI

IBRAHIM MOHAMMED MUSA SAULAWA, J.S.C. (Delivering the Lead Judgment): The instant appeal is against the judgment of the Court of Appeal, Kaduna Judicial Division, delivered on September 24, 2020 in Appeal No. CA/K/92/S/2011. By the said decision, the Court below, Coram H. Mukhtar, S.T. Hussaini & A.M. Talba, JJCA, allowed the Respondent's appeal, set aside the judgment of the Sharia Court of Appeal and ordered for a retrial of the case at the Upper Sharia Court, Katsina State. 

BACKGROUND FACTS

The case originated from the Sharia Court Sandamu in Katsina State. By the statement of claim, the Plaintiffs (Appellants herein) claimed against the Respondent herein: 

I Hafsatu and Sa'ida we are suing our junior brother Auwalu because our father Abdullahi [demise(d)] and left behind four (4) farmlands and one house. 

The trial of the case started on July 7, 2006. At the conclusion of the hearing of the respective parties' witnesses, the trial Court delivered its judgment on 23/8/2006 in favour o…