On the 12th day of February, 1990, the Upper Area Court I, sitting at Bompai, Kano issued a retrial order, directing the Garko Area of Kano State, to retry the case between the parties to this appeal. The Garko Area Court (trial court) was told by the appellants and plaintiffs that they were seeking for their inheritance (four farmlands) from the respondents/defendants.

The respondents refuted the claim and each stated the root of his title to the piece of farmland in his possession. In the respective replies before the trial court, the 1st and the 3rd defendants, each claimed that he bought the farmland from a named individual whereas the 2nd and 4th defendants, each claimed that he inherited the farmland from his father. Judgment was then entered in favour of the appellants.

Dissatisfied with the judgment, the respondents/defendants appealed to the Kano State Sharia Court of Appeal (the lower court). The lower court, after reviewing the case as presented by the parties at the trial court and the decision of the trial court, reversed the trial court's decision and confirmed title of the land to the defendants/respondents. The plaintiffs/appellants, dissatisfied with the lower court's decision, appealed to this Court on five grounds of appeal initially. Three additional grounds of appeal were on the 25th day of November, 1997, deemed properly filed and served. The appellants were in this Court, represented by a counsel whereas the respondents remained undefended.

The appellants were aggrieved with the decision of the Sharia Court of Appeal and appealed to the Court of Appeal.