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ALHAJI SADU SALIU KAYAOJA v. ALHAJI IBRAHEEM A. BELLO & ORS

(2004) JELR 45001 (CA)

Court of Appeal  •  CA/L/213/95  •  18 Mar 2004  •  Nigeria

Coram
JAMES OGENYI OGEBE JCA; PIUS OLAYIWOLAADEREMI JCA; MUSA DATTIJO MUHAMMAD JCA;

Judgement

M. D. MUHAMMAD, J.C.A. (Delivering the Leading Judgment): Sometime, in September, 1981, while on the Muslim's pilgrimage to Mecca, Alhaja Sabalemotu Alarape Adekayaoja, died intestate. She was survived by the parties to the suit that brought about the instant appeal. The appellant who at the trial court was the plaintiff, is the deceased's half brother on the paternal side. The defendants, now respondents, are late Sabalemotu's half-brothers and sister, on the maternal side. On Sabalemotu's death, the respondents took over her estate and subsequently, applied for a letter of administration. A caveat thereat was entered by the appellant, who also instituted an action seeking the following reliefs:-

"(a) A declaration that the plaintiff is entitled to administer and inherit the real property (sic) namely 11 Ogunjobi Street and 16 Ereko Street Mushin, belonging to Alhaja Sabalemotu Alarape Adekayaoja and also, the rents accruing therefrom from the time of the intestate's death.

(b) A dec…

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