Shari’a Court of Appeal reserves ruling in inheritance dispute until June 17

A Shari’a Court of Appeal sitting in Kaduna has fixed June 17 to deliver ruling on an application seeking a stay of proceedings in an inheritance dispute involving the family of the late Ibrahim Muhammad Tunba.

The application was filed pending the determination of an appeal arising from proceedings before an Upper Shari’a Court in Kaduna.

The late Tunba, who died on Oct. 22, 2021, was survived by two wives and seven children.

The case revolves around the sharing of properties located in Kaduna, Plateau, Taraba and Lagos states, as well as assets situated in the United Kingdom.

The appellants, comprising Edwina Ibrahim, Jamal Ibrahim, Ibrahim Ibrahim, Faisal Ibrahim and Aisha Ibrahim, are contesting a ruling delivered by the Upper Shari’a Court, Daura Road, Kaduna, on April 28, 2024.

They are seeking an order setting aside the ruling and directing the lower court to hear their application challenging a default judgment delivered on March 26, 2024.

At the resumed hearing on Thursday, counsel to the respondents, Malam A. Bashir, called two witnesses in support of the motion for stay of proceedings.

The witnesses, Engr. Umar Yusuf and Mr Isah Kamba, testified before the court and were subsequently cross-examined.

Bashir urged the court to grant the application and suspend further proceedings in the matter pending the outcome of the appeal.

In response, counsel to the appellants, Malam Auwal Imam, adopted a 15-paragraph counter-affidavit and written address opposing the application.

Imam prayed the court to dismiss the motion, arguing that the respondents had failed to establish sufficient grounds to warrant a stay of proceedings.

Speaking with newsmen after the sitting, Imam explained that the dispute had earlier involved a challenge to the jurisdiction of the trial court.

He said the appellants filed a preliminary objection, which was opposed by the respondents through a counter-affidavit.

According to him, the court dismissed the objection and affirmed its jurisdiction, prompting the appellants to lodge an appeal before the Court of Appeal, Kaduna Division.

“Following the appeal, an application was filed seeking a stay of proceedings pending the determination of the appeal,” he said.

After listening to submissions from both parties, the Presiding Judge, Kadi Mustapha Sulaiman, adjourned the matter until June 17 for ruling on the application.