Musa Na?alla & Anor V. Sansami Jabbi & Anor (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TUNDE OLAREWAJU AWOTOYE, J.C.A. (Delivering the Leading Judgment)

This is the Judgment in respect of the appeal filed by the appellant against the decision of the Sharia Court of Appeal Kebbi State delivered on 4/03/2013.

The plaintiff had instituted an action at the Upper Sharia Court Zuru in case No. USC/ZUR/CV/EST/24/02 by filing a statement of claim which reads thus:

“I, Sansani Jabbi is seeking from this court to invite my co-heirs so that our farm which we inherit from our grandfather Ganya will be divided to us. The deceased is survived by Jabbi, and Na’Allah. They did not divide their inheritance. Jabbi is dead and is survived two children.

1. Sansani
2. Badatti

While Na-Allah is also survived by the following children:

1. Cherina
2. Janna
3. Musa
4. Jinya”

The Upper Sharia Court Zuru, after hearing the parties gave judgment as follows:

“I Hon. Muhammad Ango, Judge of Upper Sharia Court Zuru has decided the division of the Ganya farm that has the total measurement of 1.025 fts into two I confirm to the children of Jabbi half – 512.5 fts and also confirm the other half to Na-Allah – 512.5 fts.

The court ordered Sansani and Badotto to take the part of Jabbi. While Cheraha, Janna and Musa should take the part of Na-Allah.”

Being dissatisfied with the above judgment, the defendants appealed to the Sharia Court of Appeal Kebbi.

The lower court after hearing the parties gave judgment thus:

“Based on the foregoing, we at the Sharia Court of Appeal Kebbi State holding at Yauri/Zuru Zone have affirmed the decision of USC Zuru. The court has decided by dividing the farm left by Ganya to his 2 childrens Na-Allah and Jabbi. The court held that the children of Na-Allah should take his share while the children of Jabbi should also take his share. This decision is in accordance with Islamic law.

Appeal not allow.”

The appellants then filed amended Notice of Appeal against the judgment of the lower court containing 4 grounds of appeals which read (shorn of the particulars)

“GROUND 1