HAJIYA BILKISU KUTA & ANOR V. ALHAJI HASSAN AUDU

OBIETONBARA O. DANIEL-KALIO, JCA (Delivering the Leading Judgment): Before us is an appeal against the Judgment of the Kaduna State High Court (the lower Court) in a land matter involving siblings (a brother and sister of same father and mother). The land in question is at No. 20 Nupe Street, Sabon Gari Zaria. The plaintiff in the case Alhaji Hassan Audu, is the Respondent in this appeal. His case is that he bought the land from one Alhaji Zakari, now late, in 1959. He paid the late Alhaji part of the purchase sum land, but was unable to pay the balance before the Alhaji died. However, he paid the remaining balance to the late Alhaji's son, Alhaji Mohammadu Kuta who is now also late, and who incidentally was the husband of his sister, the first Appellant Hajiya Bilkisu Kuta, through his said sister, the first Appellant. It was his case that he allowed his sister (the 1st Appellant), and another sister Amina and their mother to live in the property. He also allowed the 1st Appellant an…