Family members of late Alhaji Umaru Hammanjoda Pasagida who died over 35 years ago in Girei Local Government Area, Adamawa State are now at each other's throat over the distribution of the property of the deceased.
While some members of the family led by the wife of deceased, Fadimatu Manga are claiming that the property left behind by her husband are yet to be distributed, other members led by his brother, Bappa Hammanjoda said that the property had been distributed shortly his death.
Alh. Umaru Hammajoda Pasagida, according to a family source died over 35 years ago in a car accident and left behind a wife, 2 daughters, an estate with 2 bedroom flat in Girei town, 3 cars, 7 cattle and some money.
The family found itself in soup over the property of the death man when Fadimatu Manga, the wife of the late and mother of 2, started claiming that the estate in particular was not distributed as earlier claimed by other members of the family.
But Bappa's led camp insisted that all the properties left behind by the man including the said estate were distributed accordingly to his family members by the Girei Area Court in accordance to Islamic injunction.
This made the wife of deceased furious and with no option than to seek redress before Upper Area Court III, Yola, where she sought for the order of the court to distribute the house to the family members as provided by law.
The matter which was pending at the Upper Area Court III, was later transferred to Upper Area Court I Yola, upon the retirement of the presiding Judge and the application filed by the defendants.
The complainant further informed the court that the estate is yet to be distributed as should have been done, and held that whoever that is claiming that the distribution took place should prove by way of records.
On his part, the defendant, Bappa Hammanjoda asked Magistrate Mohammed Buba led Upper Area Court I to summon the Registrar Girei Area Court to appear before it with records of proceedings in respect of the distribution of the said property.
In his argument at the resumed sitting of the Yola Upper Area Court Wednesday, Counsel to respondent, Muazu Bamanga urged the Court to summon the Registrar Girei Area Court to come and tender the records or explain how the distribution was carried out.
Muazu told the Court that his client has the right to invite whoever he feels will come and testify before it to enable them prove their case, and asked the Court to grant his request in the interest of justice and fair hearing.
Objecting to Muazu's application, Counsel to the plaintiff, Ahmed Mahmud Yofo, described the application as frivolous instituted to cause delay on the matter at stake, and urged the court to discountenance it and order for the distribution of the estate immediately.
Mahmud Yofo informed the court that when the matter was earlier filed at Upper Area Court III, a grace of 2 months was given to the defendants to prove the distribution of the house by way of court proceedings but could not be able to do so till the time the presiding judge retired.
According to him, the Counsel to the respondent was earlier on mandated by the court to show encumbrances that may prevent the court from going ahead to order for the distribution but failed to so do.
In its ruling on the application instituted by counsel to the respondent, the court presided by Magistrate Mohammed Buba, granted the application, and ordered the Registar Girei Area Court to appear before it with court's proceedings in respect of the distribution of the properties.
The presiding judge however fixed 30th March, 2020, for the Registrar to appear before it and explain to the court as to how the properties were shared by the Girei Area Court amongst the family members of the late Alh Umaru.
Magistrate Buba declared that the court granted the application filed by the respondent in the interest of justice and fair hearing so as to enable the defendants establish their prove of sharing of the said properties.
Speaking to NEWS PLATFORM shortly after the sitting, Counsel to the respondent, Muazu Bamanga narrated that after the death of Alh. Umaru, his properties were shared by Girei Area Court.
Muazu added that later on, one of his daughter who also benefited died, and that her share of properties allocated to her by the court upon the demise of her father was also shared by the same court.
He said when his client applied for both the records of distribution, it was the records of the late daughter alone that was given to him, lamenting that the records of the distribution of the man's properties were not given him.
He said that the Court in Girei had failed to avail them the opportunity to lay their hands on the proceedings since it was the court that had distributed the whole properties of the father and his daughter.
He appreciated the Yola court for granting the their application ordering the Registrar of Girei Area Court to appear before it, expressing optimism that the whole matter will favour his client.
While on his part, Counsel to the complainant, Ahmed Mahmud Yofo said it is now left for the defendants to convince the court with documentary evidence that the house was distributed so as to end the matter.
Mahmud Yofo said that though he earlier kicked against granting the application because they considered it as a delay tactics, saying that it is at the desecration of the court to grant it or not, and that they are ready to defend the case.
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