Hussam Yusuf Hajaig & Ors v. Dele Yusuf (2025)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

MOHAMMED LAWAL GARBA, JSC (Delivering the leading judgment)

The respondent instituted the suit no. 141/97 before the Upper Area Court 1, GRA, Zaria, Kaduna State (trial court) against the appellants for the distribution of the Estate of the Late Yusuf Hajaig; a Nigerian/Labanese Muslim, whom he claimed to be his father.

The claim by the respondent which was stated by his counsel before the trial court appears at pages 52 – 54 of the record of appeal as follows:-

our claim is that plaintiff’s father by name Hajaig is the one that died his origin is Lebanon but he Nationalised and he died at Labanon, he lives in Nigeria, he died in the year 1996, he left behind one wife, 4 male Children and 3 Female children,”

“The wife left behind his (SIC) maman moya.

The 4 male Children are:-

1. Dele Yusuf Hajaig
2. Hussam Hajaig
3. Ihab Hajaig
4. Babiya Hajaig

Then the 3 Female Children;-

1. Roller Hajaig
2. Muna Hajaig
3. Maya Hajaig.

They are the heirs and that since after the death of the deceased Hussam and Ihab did not allow for the distribution. We have once filed this case at Tudun Wada Area Court and that the case was struck out.

The properties left behind by the deceased are:-

1. United oil Mills (Gidan Man Gyada)
2. Flour Mills (Gidan Flour)
3. One big house for sale keeping of the property(sic) all are situate in one place.
4. Block Industry.
5. 4 Flats houses at G.R.A with
6. One flat house under construction 3 bedrooms each.

They are properties left behind by the deceased and pray that the court to go and share among us the inheritance according to Islamic law.”

The appellants denied the claim by the respondent of being a son to the Late Yusuf Hajaig; their father and knowing him at all.

The matter proceeded to trial court, but before the respondent called witnesses/evidence to prove his claim, the trial court put some questions to him which he answered at pages 55 – 57 of the record of appeal thus:-

“Q: Dele what is the name of your Mother?

A: Her name is Ige