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HAJIYA SA?ADATU SHARU v. HAJIYA UMMA & ANOR.

(2002) JELR 33218 (CA)

Court of Appeal  •  CA/K/172/S/94  •  10 Jan 2002  •  Nigeria

Coram
RABIU DANLAMI MUHAMMAD JCA; IBRAHIM TANKO MUHAMMAD JCA; SULE AREMU OLAGUNJU JCA;

Judgement

I. T. MUHAMMAD, J.C.A. (Delivering the Leading Judgment): At the Upper Area Court No.4, Kawaji, Kano (trial court), one Alhaji Auwalu was the plaintiff. He was seeking that court's assistance to distribute the estate of late Alhaji Sharu Balarabe, amongst his heirs.

The trial court acceded to the request and directed that all the heirs should attend the court on 25/4/85. On that date, all the heirs were present in court. The deceased, the plaintiff claimed, left behind: a widow, Hajiya Umma; six children, four males and two females.

The deceased left some movable and immovable properties including some raw cash.

One Hajiya Sa'a, who is now the appellant, claimed that she was married to the deceased. And at the time of his death, she was observing her idda (waiting period) in his favour. This was flatly denied by the first set of heirs, including the plaintiff. After taking evidence, the trial Judge found that it was necessary for the appellant to swear to an oath, that she was still m…

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