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(2021) JELR 109522 (CA)

Court of Appeal  •  CA/G/90/2018  •  25 Jan 2021  •  Nigeria

Jummai Hannatu Sankey, JCA Uzo Ifeyinwa Ndukwe-Anyanwu, JCA James Gambo Abundaga, JCA


JAMES GAMBO ABUNDAGA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Gombe State in Suit No. GM/350/2015 delivered on 20th July, 2017.

The Judgment is predicated upon the suit of the Respondents, who in their writ of summons endorsed with a statement of claim, as plaintiffs claimed the following: -

(a) Declaration that by virtue of Awak custom and tradition, the plaintiffs are the legitimate heirs to late Sunday Sarki Awak who died intestate and without a child.

(b) Declaration that the distribution made on 22/8/2015 by late Sunday Sarki’s family according to Awak custom and tradition with an appreciable proportion of the estate to the defendant is fair and just.

(c) An order compelling the defendant to produce and hand over all the original title documents of the landed properties and the boxer bus distributed by the family on 22/8/2015.

(d) An order compelling the defendant to account fully for all the moneys collected in her capacity as next of kin i…

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