Aishatu Abubakar & Ors. V. Laraba Ali & Ors. (2009)

LawGlobal-Hub Lead Judgment Report

BABA ALKALI BA’ ABA, J.C.A.

This is an appeal against the judgment of the Hon. Justice Bashir Sukola of the Kaduna State High Court, delivered on the 11th day of April, 2002, dismissing the appellants’ claims and holding that the disputed property situate at No. L.G.3, Kaltungo Road, Tudun Wada, Kaduna, devolved in the heir of late Ali Mai Ungwa.

The appellants who were the plaintiffs before the lower court for a writ of summons dated the 27th day of May, 1998 before the Kaduna State High Court and subsequently filed their statement of claim dated the 30th day of April, 1998, filed on the 22nd day of May, 2002.

The appellants as plaintiffs by their paragraph 14 of their statement of claim, claim the following:-

“14. WHEREOF the plaintiffs claim against the defendants jointly and severally as follows:-

(a) A declaration that property situate at No.L.G.3, Kaltungo Road, Tudun Wada, Kaduna belongs to late Ibrahim Ali.

(b) A declaration that the plaintiffs are entitled to inherit the aforesaid property situate at LG.3, Kaltungo Road, Tudun Wada, Kaduna left behind by their deceased husband and/or father.

(c) An order directing the defendants to give full account of the rents collected from tenants occupying the property from June, 1996 to the date of judgment.

(d) An order restraining the defendants or their agents, servants or privies from interfering with the plaintiffs inheritance rights in the property situate at LG.3, Kaltungo Road, Tudun Wada, Kaduna.

(e) In the alternative, and if the court found that the property belong to Mallam Ali:

(i) a declaration that the 2nd, 3rd and 4th plaintiffs are entitle to share in the inheritance of the properties of their grand father, late Mallam Ali including property situate at LG.3, Kaltungo Road, Tudun Wada, Kaduna;

(ii) An order directing the defendants to give full account of the rents collected from tenants occupying the property from June, 1996 to the date of judgment.

(iii) An order directing an Upper Area Court in Kaduna to share the property in accordance with Islamic personal law.” Pleadings were ordered filed and exchanged between the parties.

As the action was sought on pleadings, it is pertinent to reproduce some relevant averments contained in the statement of claim and defence relied upon by the parties as well as the court in determining the suit.