CaseLaw
Opobiyi Vs. Muniru (2011) CLR 12(g) (SC)
Judgement delivered on December 16th 2011
Brief
Facts
The Plaintiffs/Appellants before the Upper Area Court II claimed in 1994 the sharing of the Estate of one Tukur Gogo Olowo of Ile Panu, Masingba, Ilorin their grandfather, which included 8 rooms built by one Zainab Abebi, in accordance with the Islamic Law. The action followed an order of trial de novo made by the Kwara State Shariah Court of Appeal, Ilorin on 22nd August, 1990.
At the conclusion of the trial, Plaintiffs' claims were dismissed. The Plaintiffs/Appellants being dissatisfied with the judgment of the trial Court appealed to the Shariah Court of Appeal, Ilorin. The Appellants' appeal succeeded in part but were still dissatisfied with that portion of the judgment of the Shariah Court of Appeal, in respect of the Estate of Tukur in dispute excluding what had been given to Zainab Abebi and thereafter lodged a further appeal at the Court of Appeal, Ilorin.
The Respondent prior to the hearing of the appeal sought and obtained extension of time and leave to file Respondent's Brief of Argument which also contained Notice and Argument of Preliminary Objection challenging the competency of both parties to sue and be sued respectively on the Estate of Tukur. Appellant filed a reply brief in reaction to the objection.
The Court of Appeal delivered judgment and found in favour of the Respondent upholding the preliminary objection on the ground of lack of jurisdiction and struck out the appeal.
Aggrieved by the decision of the Court of Appeal, Appellant further appealed to the Supreme Court.
Issues
Whether the Court of Appeal, Ilorin, was right or wrong in striking out the...