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MARIAN ASABI CRAIG v. VICTORIA EMMANUEL CRAIG AND ANOR

(1966) JELR 91504 (SC)

Supreme Court  •  SC. 559/1964  •  10 Jun 1966  •  Nigeria

Coram
ADEMOLA, CHIEF JUSTICE, SUPREME COURT. ONYEAMA, JUSTICE, SUPREME COURT. LEWIA, JUSTICE, SUPREME COURT

Judgement

COKER, J.S.C. (Delivering the judgment of the Court)

The appellant was the defendant in an action instituted in the High Court of Lagos by the respondents. The writ was endorsed as follows:-

“The plaintiffs seek a declaration that as the next of kin of Moses Craig, deceased, they are entitled as against the defendant to possession of the house and landed property situate at and known as 26s Ilubinrin, Marina, Lagos.”

By their pleadings the plaintiffs/respondents aver that the property, No. 26s, Ilubinrin, Marina, Lagos, originally belonged to one Moses Olusheye Craig who died intestate on the 8th June, 1957, and was survived by his wife, Mrs Patience Kehinde Craig, to whom he was married under the Marriage Ordinance in 1922. They say that they are a brother and sister of the said Moses Olusheye Craig. Their Statement of Claim also avers that there was no child of the marriage between Craig and his wife but that during the subsistence of that marriage, Craig had a child by name Olushina t…

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