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ALHAJI ADISA AMODU V. MRS IDIAT OBAYOMI & ORS

(1992) JELR 43089 (CA)

Court of Appeal  •  CA/L/168/89  •  7 Feb 1992  •  Nigeria

Coram
IBRAHIM KOLAPO SULU-GAMBARI JCA; OWOLABI KOLAWOLE JCA; UMARU ATU KALGO JCA;

Appearances
O. Adekoya For Appellant Chief Oye Iyanda For Respondent

Judgement

KOLAWOLE, J.C.A. (Delivering the Leading Judgment): In this appeal two plaintiffs originally were alleged to have instituted the action against the defendants in the court below.

The writ of summons was indorsed with the following claims:-

(1) A declaration that under native law and custom of inheritance all the children of Late Alhaji Jimoh Ishola Amodu are entitled to the estate of the deceased consisting of houses, landed properties, motor vehicles, and other properties.

(2) A declaration that the Defendants are not entitled to the said estate or portion hereof to the exclusion of second plaintiff's children that her children and the defendants are beneficially entitled.

(3) An order partitioning the said estate among the ten (10) children of the deceased in accordance with the ORI -O-JORI system of distribution of family estate under Yoruba Native Law and Custom.

(4) A correct and up-to-date statement of account of all dealings or transactions with any portion of the deceased's es…

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