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G.B.A AKINYEDE AND OTHERS v. Y.M. OPERE AND OTHERS

(1967) JELR 91510 (SC)

Supreme Court  •  SC 216/1967  •  18 Dec 1967  •  Nigeria

Coram
ADEMOLA, CHIEF JUSTICE, NIGERIA. BRETT, JUSTICE, SUPREME COURT. COKER, JUSTICE, SUPREME COURT

Judgement

ADEMOLA, C.J.N.

(Giving the Ruling of the Court)-

This is a motion by the seven appellants who were defendants in this case in the court below, asking for leave of this court to lead additional evidence to correct the record made by the trial judge in respect of evidence given by a witness who was the third witness for the defendants.

The witness Chief Obanikoro is a prominent Lagos White Cap Chief; he was called to give evidence in the court below on a material point concerning the Yoruba law and custom of distribution of intestacy. The issue was which of the two systems, namely, distribution per stirpes (idi igi) or per capita (Ori ojori) must be adopted in distribution among the children of the deceased.

For the applicants, certain passages of the judge’s notes had been attacked as not having been correctly recorded. The two passages are as follows: - the first, under examination-in-chief reads:-

“If the family once consent to this they will be bound by it and cannot go back.”

and the se…

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