AISHATU KAUSANI & ORS V. WADA KAUSANI & ORS

I.T. MUHAMMAD, J.C.A. (Delivering the Leading Judgment): On the 12th day of February, 1990, the Upper Area Court I, sitting at Bompai, Kana issued a retrial order, directing the Garko Area Court of Kano State, to retry the case between the parties to this appeal. The Garko Area Court (trial court) was told by the appellants an plaintiffs that they were seeking for their inheritance (four farmlands) from the respondents/defendants. The respondents refuted the claim and each stated the root of his title to the piece of farmland in his possession. In the respective replies before the trial court, the 1st and 3rd defendants, each claimed that he bought the farmland from a named individual whereas the 2nd and 4th defendants, each claimed that he inherited the farmland from his father. Judgment was then entered in favour of the appellants. Dissatisfied with the judgment, the respondents/defendants appealed to the Kano State Sharia Court of Appeal (the lower court). The lower court, after re…