Preface

115
deceased wife, if she left no issue or grandson is 1/2 but in the presence of an issue
or grandson his share is reduced to ¼. Also the share of a wife from the estate of
her deceased husband if he left no issue is ¼ but in the presence of an issue her
share is reduced to 1/8.
In the instant case the share of the widows is ¼ since the deceased left no
issue. While the share of the two sisters defends on the type of relationship they
have with the deceased. If the two of them are his germane sisters their share is
2/3. If both of them are his consanguine sisters their share is the same 2/3. But if
one of them is a germane sister her own share shall be 1/2 while the share of the
other consanguine sister shall be 1/6. The Da'awa or the claim for distribution of
estate of late Adama Aliu Ceesay before the lower court did not specify the status
of the sisters neither was there any evidence led to specify their status. It is
therefore difficult if not impossible to ascertain the parameter used by the Cadi in
determining the status of the two sisters. But ironically the Cadi apportioned 2/3
share to them and added the remaining 1/3 share to them by Radd. How did he
arrive at that nobody can say since there is no evidence or any authority in support
of his distribution. Finally, I find no difficulty in holding that the sharing formula
adopted by the learned trial Cadi in distributing the estate does not conform with
Islamic principles of inheritance and so I resolve the issue in favour of the
appellant.
Finally, having resolved all the three issues raised in this appeal in favour of
the appellant, I on the whole come to conclusion that this appeal has to succeed
and it is herby accordingly, allowed. Consequently, the judgment of the lower
court and any order given are hereby reversed. And the case is remitted back to the