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ETHEL ABISOGUN V. AKINTUNDE ABISOGUN AND ORS

(1963) JELR 39698 (SC)

Supreme Court  •  F.S.C.102/1962  •  20 Jun 1963  •  Nigeria

Coram
ADEMOLA ADETOKUNBO C.J.N JSC; JOHN IDOWU CONRAD TAYLOR JSC; BAIRAMIAN JSC;

Appearances
C.A.O.A. Ajayi For Appellant M.O. Oseni for the 1st - 5th RespondentsF.M. Solanke for the 6th - 7th Respondents For Respondent

Judgement

ADEMOLA, CJF: On the death of Chief Akintunde Abisogun intestate, the appellant, who claimed to be his lawful wife, having been married to him in accordance with the Marriage Ordinance, and acting on behalf of, and on the instructions of her daughter then away in the United Kingdom, applied for letters of administration to administer his personal property. The daughter was the only child of the marriage. The first five defendants, who claimed to be the children of the deceased by different women who are not parties to this action, filed on the 22nd day of January, 1960, a caveat. Each of these defendants claimed that his mother was married to the deceased according to Native Law and Custom, took place in 1919. There were three others married to the deceased before her in accordance with Native Law and Custom. Later a fifth wife was added to the fold. No attempt was made to prove any of the other four marriages but that of Ayodele Pomphilo in 1919. She gave evidence of it and said thatโ€ฆ

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