YARGATA BYENCHIT NIMPAR, JCA (Delivering the Leading Judgment): This appeal is against the Ruling of the Lagos State High Court sitting in Lagos delivered on the 26/3/2014 by HON. JUSTICE NICOL-CLAY wherein the Court below held that the proceedings were hostile and should not have been commenced by way of originating summons and consequently struck out the originating summons taken out by the Appellants dated 30/5/2013. The Court below curiously had ordered pleadings to be filed. The Appellants aggrieved with the decision filed a Notice of appeal dated 8th April, 2014 and filed on the same day setting out 2 grounds of appear challenging the said decision.
The Appellants by their originating summons presented the following questions for determination, namely:
i. Whether the defendant a widow under Yoruba Customary law has any succession right to the property of her late husband (Alhaji Nurudeen Olayinka Balogun)
ii. Whether the properties of which Late Alhaji Nurudeen Olayinka Balogun die…