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SMART GABARI OGBIMI v. MRS. BEAUTY OLOLO & ORS

(1993) JELR 33455 (SC)

Supreme Court  •  SC.15/1988  •  23 Jul 1993  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI-WHYTE JSC; SAIDU KAWU JSC; SALIHU MODIBBO ALFA BELGORE JSC; ABUBAKAR BASHIR WALI JSC; MICHAEL EKUNDAYO OGUNDARE JSC;

Judgement

OGUNDARE, J.S.C.(Delivering the Leading Judgment): The parties to the action leading to this appeal are children of late Chief Gabari Ogbimi who died intestate on 20/7/63 leaving behind five children (who are the parties to this action) and three wives. The plaintiffs are full blood sisters and children of one of the wives. The 1st defendant, their half-brother, is the eldest child born of another wife while the 2nd and 3rd defendants are full blood brothers born of the third wife. Chief Ogbimi also left behind some real property including houses and plantations. On his death, 1st defendant sat on his estate and when the plaintiffs could not get him to agree to a sharing of the estate, they sued him to court in 1966. 1st defendant made moves to settle the matter out of court in consequence of which the plaintiffs withdrew their action. The houses left behind were shared among the children on the basis of the three branches they belong to. The sharing was embodied in Exhibit 'A' which …

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