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AHMADU TATU v. ESTATE OF LATE ISAH ALH. ADAMU & ANOR

(2014) JELR 36222 (CA)

Court of Appeal  •  CA/YL/8/2013  •  24 Mar 2014  •  Nigeria

Coram
JIMI OLUKAYODE BADA JCA; JUMMAI HANNATU SANKEY JCA; ADAMU JAURO JCA;

Judgement

JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): This Appeal arose from the decision of the Taraba State High Court of Justice sitting in Gembu delivered on the 11th day of December, 2012. Therein, the trial High Court granted some of the reliefs claimed by the Respondents, who were the Plaintiffs.

Briefly put, the facts of the case are that one Isa Alhaji Adamu Mai Yasin bought a parcel of farmland from one Alhaji Sali. Thereafter he developed the land by erecting a building, (which was still uncompleted), thereon. However, while he was still in the process of developing same, he fell ill. After months of seeking medical treatment in Teaching Hospitals in Jos and various other places, he succumbed to the illness and passed on at the Gembu General Hospital. After his demise, when steps were being taken to distribute his estate to his surviving family, which included a wife and children, in accordance with Islamic Law on inheritance, information came to the 2nd Responde…

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