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MRS. ESTHER A. OSHO & ORS. v. GABRIEL A. PHILLIPS & ORS.

(1972) JELR 44113 (SC)

Supreme Court  •  SC.180/1969  •  30 Mar 1972  •  Nigeria

Coram
ADETOKUNBO ADEMOLA JSC CHARLES OLUSOJI MADARIKAN JSC UDO UDOMA JSC

Judgement

C. O. MADARIKAN, JSC (Delivering the Leading Judgment): In suit No. LD/451/67 in the Lagos High Court, the present respondents as plaintiffs took out a writ of summons against the appellants claiming:

"(i) a declaration that they as children of Solomon Ajibola Phillips deceased are beneficially jointly entitled to share with the other children of the said deceased from the estate of the said Solomon Ajibola Phillips - deceased.

(ii) An account of all proceeds received as rents from the landed properties of the said deceased."

Pleadings were ordered and duly delivered. As the issues clearly emerged from the pleadings, we propose to reproduce them. The plaintiffs' statement of claim read:

"1. The plaintiffs and the defendants are some of the surviving children of the late Solomon Ajibola Phillips who died intestate in February, 1939.

2. That there are other children of the said Solomon Ajibola deceased - namely Olanrewaju Phillips, Akintunde Phillips, Ajoke Phillips, Ibiyemi Phillips, O…

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