Court postpones decision on stay of proceedings in Kaduna estate case

By Maryam Ahmadu-Suka

A Shari’a Court of Appeal in Kaduna has adjourned until June 17 , ruling on an application seeking a stay of proceedings pending the determination of an appeal in a protracted inheritance dispute involving the family of the late Ibrahim Muhammad Tunba.

The late Tunba died on Oct. 22, 2021, leaving behind two wives and seven children.

The dispute centres on the distribution of properties located in Kaduna, Plateau, Taraba and Lagos States, as well as assets in the United Kingdom.

The appellants, Edwina Ibrahim, Jamal Ibrahim, Ibrahim Ibrahim, Faisal Ibrahim and Aisha Ibrahim, the first wife of the deceased, are challenging a ruling delivered by the Upper Shari’a Court, Daura Road, on April 28, 2024.

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

At the resumed hearing, counsel to the respondents, comprising Rabia Renee Ibrahim, Omar Abdul-Aziz Ibrahim, Faruq Ibrahim and Abdul Malik Ibrahim, Barr. A. Bashir, presented two witnesses in support of the application.

The witnesses, Engr. Umar Yusuf, a building engineer, and Mr Isah Kamba, a businessman, testified before the court.

Bashir thereafter urged the court to grant the application for stay of proceedings pending the determination of the appeal.

Counsel to the appellants, Barr. Auwal Imam, informed the court that his clients had filed a 15-paragraph counter-affidavit and a written address opposing the motion dated Jan. 12, 2026.

He urged the court to adopt the processes and dismiss the application pending the outcome of the suit before the Appeal Court in Kaduna.

Speaking with journalists after the proceedings, Imam said the appellants had previously challenged the jurisdiction of the court through a preliminary objection.

According to him, the respondents filed a counter-affidavit in opposition, after which the court dismissed the objection and affirmed its jurisdiction.

“The appellants, being dissatisfied with the ruling, filed an appeal before the Court of Appeal, Kaduna Division.

“Following the appeal, they also filed an application before the trial court seeking a stay of further proceedings pending the determination of the appeal,” he said.

The Presiding Judge, Kadi Mustapha Sulaiman, subsequently adjourned the matter until June 17 for ruling on the application.(NAN)