DUDUWA ABDUWA SONG V. LAWAL AUDI SONG

MUHAMMAD, JCA (DELIVERING THE LEADING JUDGMENT): Lawan Audi Song reported to the Jimeta Area Court No 1, holden at Jimeta, Yola in Adamawa State, the death of one Asta Mboju. The deceased died on the 24/9/1996. She left a bedroom house located at No 12, Kurmi Close, NEPA, Jimeta. She died leaving no ascendant, descendant or husband to inherit her. The reporter/plaintiff claimed that the deceased was their father’s slave and that he and his co-heirs were entitled to inherit the estate left by the deceased as she left no relation to inherit her. The court asked Duduwa, the defendant of her relationship with the deceased. It also asked her whether the deceased was indebted or left a wasiyya (bequest). The defendant replied: “I am the one who took care of her while she is (sic) sick and we have been together for many years with her... The deceased was not indebted to anyone... She has made a wasiyya that she has given my daughter Mairam her house. ” (Italics mine).

The trial court a…