Alhaji Jiddun V. Abba Abuna & Anor (2000)

LAWGLOBAL HUB Lead Judgment Report

WALI, J.S.C. 

The facts of this case are not seriously in dispute between the contestants. The deceased, Alhaji Ramat and Hajiya Kwayisu were husband and wife living in the matrimonial residence provided by the husband. Apart from Hajiya Kwayisu, Alhaji Ramat had two other wives namely, Ya Adama and one other. They were both living with him in the same house.

One night, a gang of armed robbers attacked and broke into the residence of Alhaji Ramat causing serious injuries to Alhaji Ramat and one of his wives Hajiya Kwayisu, resulting in their death.

Following the death of Alhaji Ramat and Hajiya Kwayisu, the guardians of Hajiya Kwayisu and the relations of Alhaji Ramat, in consultation with some Islamic scholars learned in sharia, shared the estate of Alhaji Ramat among his surviving heirs. They gave 1/8th of the estate to the wives, Hajiya Kwayisu inclusive. Hajiya Kwayisu was allotted a house with six rooms. Alhaji Juddum, the 1st defendant in this case was among the relations of Alhaji Ramat that witnessed the sharing of the estate. It was after the sharing that Alhaji Juddum denied the plaintiffs, Alhaji Abba Abuna Goni and Goni Adam, the share of Hajiya Kwayisu whom they claim to be their mother. Part of the plaintiff’s claim reads-

“The house with six rooms was said to be my mother’s share but thereafter Alhaji Juddum denied us the house saying that my mother had predeceased her husband by death. We therefore disagreed to that. If he is claiming that my mother had pre-deceased her husband by death, let him produce his witnesses and confirm to that effect before the court.”

In answer to the preceding statement by the plaintiff, the 1st defendant replied-

“I heard, she had preceded her husband by death and that was why we said she had no share.”

The trial Upper Area Court then proceeded as follows:

“Ct/Alh. Juddum:

Are you aware that the deceased’s relatives had given three houses as eighth portion of inheritance to the deceased’s wives

Answer:

Yes, I know.

Ct/Alh. Juddum:

Since the relatives of the deceased, Alhaji Ramat and other members of the public had apportioned three houses as “thumun” [i.e. 1/8th] to the three wives, what right do you have to prevent somebody her share