MACCIDO MAGAJI V. UMARU DATTIJO

ADAMU JCA (Delivering the Lead Judgment): This appeal was heard without any brief of argument filed by the parties who were not represented by counsel. At the hearing on 29/3/06, the parties adopted their respective case, as presented before the trial Upper Area Court Gwandu and the Sharia Court of Appeal, Birnin Kebbi and as reflected in the record of proceedings of the two courts. It is necessary to state the facts of the case before identifying the issues raised for the determination of this court in its resolution of the appeal. The fact can be stated as follows:- The respondent, Umaru Dattijo sued the appellant at the Upper

Area Court Gwandu (hereinafter called “the trial court”) claiming that upon the death of his grandfather, Madugu whose three children were all females, his house was entrusted to the appellant’s father by name Mande by a community leader named Sarkin Yamna. The house was to be held on trust and for the benefit of the female children when they grow up. After M…