The facts leading to this appeal emanated from the Kasuwa Area Court Kano where the respondent sued the appellant in respect of her share in the disputed property inherited from their father. The House was divided and each was shown his or her own share. The respondent who is the full sister of the appellant was then resident in their matrimonial home at Maiduguri when she was in pressing need for money, she begged her brother the appellant for help but the appellant declined saying she could sell her property or her share of the inheritance to him. The respondent reused. The appellant then gave her the alternative of pledging the inheritance to him. She accepted he proposal and demanded N200.00 from the appellant who on his return to Kaduna sent only N140.00 to her through one Shehu Lawal. The respondent thereafter went to Maiduguri and when her marriage was dissolved she returned to Kano and discovered that the appellant had demolished the inherited house including her own portion and that of her mother without getting their consent or approval. She discovered that he had already rebuilt the house and made it ready for his personal use. When she challenged the appellant over this demolition he told her not to bother since what he had is hers and what she owns is his. According to the respondent before us, “it was when he said that I should leave the house and I refused he said, I have sold the House to him: When I went to Lagos for a marriage ceremony I came and met my properties taken to court by him. He told the court that the properties belonged to a woman whose whereabouts, he did not know. I came back and met that he had taken them to court. He said that I had to sleep in the parlor. He said I must leave the house as I have sold my share.”

It was as a result of this threat that the respondent sued the appellant at the Kasuwa Area Court. After reviewing the evidence of the 5 witnesses by the appellant and the 3 witnesses by the respondent, judgment was entered in favour of the respondent. The appellant being dissatisfied with the said judgment of the Area Court appealed to the Sharia Court of Appeal. The court heard the appeal, reviewed the facts and also visited the Locus in quo. Appellant was never present in court until judgment was about to be delivered thereafter the court entered judgment against the appellant. The appellant further appealed to the Court of Appeal.