Facts
On 31st January 2011 the Respondent as Plaintiff filed an action before the Waje No.1 Shariah Court (“trial court”) in Suit No. CV/19/11 seeking to compel the 1st Appellant to release a portion of the Respondent’s father’s estate Bashir Ali Bin Alua , who passed away in 1972), which the 1 st Appellant allege dly held, so that it could be properly distributed among his heirs. The estate consisted of three plots of land on Ibrahim Taiwo Road, numbered G5, G6, and G7, inherited from the Respondent’s father. Counsel for the Respondent clarified that only plot G6, currently known as 50 Ibrahim Taiwo Road, was in dispute, as plots G5 and G7 were not contested. Counsel stated further that Bashir Ali , the Respondent’s father, inherited G6 with his three sisters Ais ha, Fatima, and Fauziyya (the Defendants at the trial court and divided the property equally among them.
He stated that the Respondent‟s father had left his share with Fauziyya, but the portion had never been returned to the Respondent, leading to the court action.
The trial court heard two witnesses and accepted their testimonies with regard to the Respondent‟s relationship to Bashir Ali Bin Alua, his father, and the fact of his demise.
Counsel for the Appellant admitted the narration of counsel for the Respondent but stated that when the distribution took place, Bashir gave his portion of House No.50 to Fauziyya. When he said he left it for her, the Grand Alkali who conducted the distribution of the estate said Bashir had forfeited his portion of the share, which means Fauziyya has two portions.
