MADARIKAN, J.S.C. (Delivering the Leading Judgment): The appellants were the defendants in the Lagos High Court (suit no. M/74/66). The respondent who was the plaintiff endorsed his writ as follows:
"1. The plaintiff's claim against the defendants is for a declaration that he together with any or all of the defendants are entitled to administer the estate of the deceased Yesufu Akanbi Kekereogun.
2. Alternatively that the defendants be restrained from administering the estate of the late Yesufu Akanbi Kekereogun to the exclusion of the plaintiff."
The facts are fairly simple. The plaintiff is a first cousin of the deceased, Yesufu Akanbi Kekereogun, who died at Jeddah on the 28th April, 1965, whilst on pilgrimage to Mecca. The 1st, 2nd and 3rd defendants are half brothers of the deceased. On the 8th June, 1965, the plaintiff applied to the probate register for a grant of letters of administration jointly to both the 1st defendant and himself to enable them to administer the estate of…