Position of the Law on Distribution of Estate Under Islamic Law

CASE TITLE: KANKAROFI V. UMAR (2023) LPELR-61140(CA)

JUDGMENT DATE: OCTOBER 5, 2023

PRACTICE AREA: ISLAMIC LAW

LEAD JUDGMENT: MOHAMMED DANJUMA, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on the distribution of estates under Islamic Law.

FACTS:

This is an appeal against the decision of the Sharia Court of Appeal in Kano State. The judgment was delivered on 7th September, 2020 in Case No. SCA/KN/CV/379/2019.

The case is in respect of the issue of inheritance, which borders on the distribution of the estate of the late Khadija Inuwa Umar, who is the mother of both the Appellant and the Respondent. The Respondent herein was the Plaintiff at the trial Court.

The Plaintiff/Respondent sought the distribution of the estate of his late mother, Khadija Inuwa Umar, who left ten (10) children, namely Balarabe (the Appellant), Bashir Mustapha (the Respondent), Habibu, Abdulkadir, Rabi’atu, Aishatu, Zainab, and Hafsatu. The deceased left behind an inheritable estate, which includes a car, a house, and the sum of N24,083.00.

The Defendant (hereinafter the Appellant), denied the claim and further counterclaimed that the house and the car in question were given to him as a gift by his mother before her death.

The other heirs to the late Khadija Inuwa Umar admitted to the claim of the Appellant which was vehemently denied by the Respondent.

At the conclusion of the trial, the Upper Sharia Court held that the gift claimed by the Defendant (Appellant) failed; therefore, the estate shall be shared among the heirs of late Khadija and all other shares of the other heirs, with the exception of the Respondent, shall go to the Appellant, since they have admitted and consented to the gift stated by the Defendant (Appellant).

The Respondent being dissatisfied with the judgment at trial, appealed to the Sharia Court of Appeal, Kano.

At the Sharia Court of Appeal, after hearing the parties, the Court affirmed the decision of the trial Court, but ordered that the estate should be distributed equally between the Appellant and the Respondent.

Dissatisfied with the judgment of the Sharia Court of Appeal, the Appellant appealed to the Court of Appeal.

ISSUES FOR DETERMINATION:

The Court determined the appeal on the following issues:

“1. Whether the Court below (Sharia Court of Appeal, Kano) was right when it held that the estate of Late Hajia Inuwa Umar (a house and a car) shall be distributed equally between the Appellant and the Respondent, regardless of the admission made by the heirs in favour of the Appellant’s gift?

2. Whether the lower Court (Sharia Court of Appeal, Kano) was right when it held that the estate of late Khadija Inuwa Umar (a car and a house) shall be distributed equally between the Appellant and the respondent without stating any reason in arriving at its decision.”

DECISION/HELD:

In the final analysis, the appeal was allowed. Consequently, the judgment of the Sharia Court of Appeal, Kano State, was set aside while the judgment of the trial Upper Sharia Court was affirmed.

RATIOS:

• ISLAMIC LAW AND PROCEDURE – ESTATE OF A MUSLIM – Requirements of the law where the issue of distribution of estate is before a judge under Islamic Law
• ISLAMIC LAW AND PROCEDURE – ADMISSION UNDER SHARIA – Effect of a free admission under the Sharia Law
• ISLAMIC LAW AND PROCEDURE – ISLAMIC PRINCIPLE OF INHERITANCE – Whether heirs under Islamic law can forfeit their inheritance
• JUDGMENT AND ORDER – REASON FOR JUDGMENT – Whether Court must give reasons for its decision
• JUDGMENT AND ORDER – REASON FOR JUDGMENT – Whether a wrong reason given for the decision of a Court will be immaterial where the decision is right
• ACTION – CLAIM(S)/RELIEF(S) – Whether the Court can grant a relief not claimed

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