MAGAJI HODI KWARI V. HARUNA KWARI

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment): The present appeal is consequent upon the judgment of the Jigawa State Sharia Court of Appeal delivered on December 8, 2015 in appeal No. SCA/JG/CVA/19/2015. By the said judgment, the Court below affirmed with amendment the decision of the Upper Sharia Court, holden at Dutse in Suit No. CV/183/2014 and delivered on 10/09/2014 thereby conferring joint ownership of the farmland in dispute on the heirs of Duwale and Garba.

Dissatisfied with the said judgment, the Appellant filed the appeal which is predicated upon two grounds.

BACKGROUND FACTS

On 14/4/2014, the Respondent instituted the said suit before the trial Upper Sharia Court, holden at Dutse, Jigawa State, thereby seeking the distribution of his mother's inheritance. On 17/4/2014, when the matter came up for hearing, the Respondent informed the trial Court, thus:

I am claiming my mother's share named Duwale of four (4) farmlands and one house at Kwari, which are …