OKUNOLA, JCA (Delivering the Leading Judgment): This is an appeal against the decision of the Borno State Sharia Court of Appeal delivered on 5/7/94 wherein the court allowed the appeal by the present respondent against the earlier decision of the Upper Area Court No. 1 Maiduguri dated 26/1/93.
The facts of this case briefly put were as follows: The respondent herein as plaintiff sued the appellant herein as defendant claiming as per page 1 of the records thus:
"I am instituting an action against him because I am seeking for my right of one eight (Summuni) portion out what was left by my late husband, Alhaji Mustafa Wardama which included house and other property from his younger brother, Alhaji Ali because he called us altogether before the village Head and made some reconciliation but thereafter he said that he disagreed with the reconciliation and therefore I too disagree and let the Court investigate and give me my dues. My husband left behind a house with twelve (12) rooms and fi…