1st respondent sued the appellant at the Upper area court No. 1, Yola claiming that she is entitled to inherit the estate of late Selbe Manya (alleged to be an emancipated slave) on the ground that she was an heiress to the slave. Appellant claimed entitlement to inherit the estate on the ground that he was the person who emancipated the late Selbe Manya.

Both parties called 5 witnesses each. The Upper Area court expunged the evidence of 4 witnesses that testified for the 1st respondent and dismissed her claim. During the hearing of the appeal, the Sharia court of Appeal Yola suo motu invited the 2nd respondent who is a brother to the 1st respondent and made him a party. The appellant herein did not raise objection. Eventually, the Sharia Court of Appeal allowed the appeal and held that the 2nd respondent is the proper party to inherit the estate.

The appellant being dissatisfied with that decision appealed to the court of Appeal contending that the joinder of the 2nd respondent was not proper and challenged the re-evaluation of evidence by the Sharia Court of Appeal.