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MALAM MUSA v. MALAMA MANGA & ANOR

(2018) JELR 38539 (CA)

Court of Appeal  •  CA/S/16S/2016  •  11 Jul 2018  •  Nigeria

Coram
HUSSEIN MUKHTAR JCA; MUHAMMED LAWAL SHUAIBU JCA; FREDERICK OZIAKPONO OHO JCA;

Judgement

MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Sharia Court of Appeal, sitting at Birnin Kebbi, Kebbi State delivered on 29/09/2015 which affirmed the decision of the Upper Sharia Court, Jega in suit No. USC/JG/CVA/4/2014.

The suit giving rise to this appeal was instituted by the respondents before the Sharia Court II, Jega against the appellant claiming their Shares of inheritance at page 1 of the record of appeal as follows:

We Manga and Mainna hereby sue Musa Haruna Kimba in respect of our father estate (Malam Uba) who died and left behind a single house at kimba and five (5) farms and all of which are in the hands of Musa, for this we sue him before this Honourable Court so that the Court should divide them and give us our own shares and give to him the share of his father.

The farms are: -

1. Makarantar Boko farm

2. Hanyar Illela farm

3. Mai agumi farm

4. Gamgammi farm

5. River bank farm.

The defendant denied the claim through …

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