Alkamawa v. Bello and Another: The Right of Shuf’ah in Northern Nigeria

Appellant Ila Alkamawa was the next door neighbor of appellee Hassan Bello’s father. When his father died, Bello offered to sell Alkamawa the late man’s house for 30,000 naira. Alkamawa told Bello that the price was too high, prompting the latter to search for an alternate buyer. A third man, Malami Yaro, agreed to purchase the home from Bello for 26,000 naira. Alkamawa brought suit in an Area Court under Islamic Law. He argued that the sale should be set aside so that he might be able to exercise his right of Shuf’ah (first refusal), which, he argued, would allow him to purchase his neighbor's home at the price Yaro had paid. On appeal, the Supreme Court ruled in favor of Bello, finding that Alkamawa did not enjoy the right of Shuf’ah as applied to his neighbor's home. Such a right is not recognized by the Maliki School, the madhhab "which is applicable generally to [the] Northern States of Nigeria," the Court concluded.  

FirstPreviousPage 1 of of 13NextLast