ABDUL RAHMAN OSUMANU GIWAH, ALHAJI ALI ADAMU GIWAH AND HAJIA FATIMA ALHASSAN GIWAH vs. BABA LADI

The respondents and appellant are great-grandchildren of the late Fatima Suka, who died in 1954. The dispute concerns the ownership and distribution of three houses located in Accra (Cow Lane, Tudu, and New Town) that formed part of Fatima Suka's estate. The respondents claimed that the Tudu house was gifted to Ramatu Osumanu Fulani (Fatima's daughter) during Fatima's lifetime, and that the New Town house was shared among grandchildren. The appellant claimed sole ownership of all three houses based on Islamic inheritance law, which excludes females from inheritance. The Islamic Judicial Committee (IJC) ruled in favor of the appellant for the Cow Lane house. The High Court set aside the IJC decision, holding it unconstitutional and found that the Tudu and New Town houses were not part of the estate for distribution. The Court of Appeal upheld the High Court's decision. The appellant appealed to the Supreme Court.

BENIN, JSC. By an amended writ of summons filed at the High Court, Accra, the plaintiffs/respondents/respondents, hereinafter called the respondents, sought the under listed reliefs against the defendant/appellant/appellant, hereinafter called the appellant: a) A declaration that both plaintiffs and defendant are great grand children of Fatima Suka (deceased). b) An order for the parties to jointly take letters of administration to administer the estate of Fatima Suka. c) An order for the distribution of the estate of the late Fatima Suka among legitimate beneficiaries. d) An order to set aside the judgment of the Islamic Judicial Committee. The respondents claimed that Fatima Suka who died in 1954 was the great grandmother of both parties in this case. At the hearing the family tree was traced and from the record it was clearly so established, as there was no contrary evidence. Whilst the respondents are the grandchildren of Ramatu Osumanu Fulani, the only female child of Fatim...