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ENGR. CHINEDUM O. ANYA V. BARR. ONWUCHEKWA O. ANYA & ORS

(2020) JELR 87186 (SC)

Supreme Court  •  SC.116/2014  •  24 Jan 2020  •  Nigeria

Coram
OLUKAYODE ARIWOOLA JSC MUSA DATTIJO MUHAMMAD JSC AMINA ADAMU AUGIE JSC PAUL ADAMU GALUMJE JSC UWANI MUSA ABBA AJI JSC

Judgement

UWANI MUSA ABBA AJI, J.S.C. (Delivering the Leading Judgment): The Appellant as Plaintiff at the trial Court is the 1st son of late Oji Anya who died in Enugu on 16/6/2004 while the original 1st Respondent was the mother of the Appellant with others, who was the surviving wife of the said late Oji Anya but she died during the pendency of the appeal at the lower Court. After the death of late Oji Anya, his family had several meetings to distribute his estate among them since it was believed that he died intestate. After commencing the process of obtaining Letters of Administration from the Probate Registry of the High Court, Umuahia, problem ensued as to the entitlement of the parties to the said estate and whether the female children of the family should receive any portion. This caused the extended family to intervene and resolved that an equitable formula for the distribution be adopted. The original 1st Respondent (now deceased) rejected the resolution and alleged that the deceased…

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