HAJIYA LADI SHETTIMA & 3 ORS V. HAJIYA HAJARATU SHETTIMA & 2 ORS

MOHAMMED BABA IDRIS, J.S.C. (DELIVERING THE LEADING JUDGEMENT): This is an appeal against the judgment of the Court of Appeal, Yola Division, delivered on the 20th day of January, 2017 wherein the Court below allowed the Respondents' appeal and consequently set aside the decision of the Sharia Court of Appeal which upturned the decision of the trial Sharia Court and remitted the case back to the Grand Kadi of Borno State for retrial by another Sharia Court. 

This appeal arose from a protracted succession dispute concerning the estate of the late Alhaji Inusa Shettima. The controversy revolves around whether the 1st Appellant, who is the mother of some of the heirs of the late Alhaji Inusa Shettima, is entitled to inherit from the deceased's estate in her own right, or whether she had been divorced long before his death, thereby ceasing to be a legal heir under Islamic Law. 

Following the death of Inusa Shettima, the 4th Appellant (his eldest son), acting on behalf of the family, institu…