Whether an Area Court Has Jurisdiction to Distribute the Estate of A Deceased Muslim who Contracted both a Statutory Marriage and an Islamic Marriage

CASE TITLE: ADEKUNLE & ORS v. AHMAD (2025) LPELR-81978(CA)

JUDGMENT DATE: 3RD SEPTEMBER, 2025

PRACTICE AREA: ISLAMIC LAW AND PROCEDURE

LEAD JUDGMENT: MUHAMMED LAWAL SHUAIBU, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on Islamic Personal Law.

FACTS:

This is an appeal against the decision of the Sharia Court of Appeal, Federal Capital Territory, Abuja, delivered on the 4th day of May, 2023, upholding the ruling of the trial Area Court, Gudu, assuming jurisdiction to entertain the subject matter of the Respondent’s claim, that is, the distribution of the estate of late Alhaji Jimoh Adekunle.

The Respondent instituted a civil suit before the trial Area Court against the Appellants for the distribution of the estate of late Jimoh Adekitan Adekunle. The Respondent was married to the deceased in accordance with Islamic Law while there was already a subsisting marriage between the deceased and the 1st Appellant under the Marriage Act, which marriage gave birth to the 2nd and 3rd Appellants.

Upon being served with the originating processes, the Appellants filed a notice of preliminary objection, challenging the jurisdiction of the trial Court. The trial Court overruled the preliminary objection and assumed jurisdiction to distribute the estate of the deceased who died as a Muslim.

Aggrieved with the decision of the trial Court, Appellants lodged an appeal at the Sharia Court of Appeal which affirmed the earlier decision of the trial Court. It is against the decision of the Sharia Court of Appeal that the Appellants have approached the Court of Appeal through a notice of appeal filed on 20th July, 2023.

ISSUE(S) FOR DETERMINATION:

The Court determined the appeal on a sole issue for determination, thus:

Whether the lower Court was right to have upheld the decision of the trial Court in its judgment conferring on the trial Court to entertain the matter of inheritance and distribution of properties where there is a subsisting and valid marriage under the Act

DECISION/HELD:

The Court held that the appeal lacked merit and it was dismissed with costs, which the Court assessed at ₦100,000 in favour of the Respondent against the Appellants.

RATIOS:         

• COURT- JURISDICTION: Importance of jurisdiction and effect where a Court lacks jurisdiction over a matter; what determines the jurisdiction of a Court in an action
• ISLAMIC LAW AND PROCEDURE- ISLAMIC LAW: Position of islamic law on the jurisdiction of Court
• ISLAMIC LAW AND PROCEDURE- ISLAMIC LAW: Whether an Area Court has jurisdiction to distribute the estate of a deceased Muslim under Islamic law in the light of a statutory marriage of the deceased to one party and Islamic law marriage to another

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