Hadji I. O. Adeniji & Ors v. Tawa A. Adeniji & Ors (1972)

LawGlobal-Hub Lead Judgment Report

UDO UDOMA, J.S.C.

In this matter which was begun by summons in the High Court of Lagos as Suit No. M/149/67-the claims of the plaintiffs now respondents as finally amended were in the following terms:

(1) The distribution of the personal and real properties contained in the estate of Abudu Karimu Adeniji (hereinafter called the deceased) among the surviving children of the said deceased according to Yoruba native law and custom, applicable in Egbaland or alternatively according to the Muslim law of inheritance.

(2) An order empowering the administratrix and administrators of the estate of the deceased to remit the sum of five hundred and fifty five pounds (555pds) to Hakeem Adekunle Adeniji (one of the beneficiaries who is now studying in the United Kingdom) in accordance with the decision of the whole family at a meeting held on the 29th day of August, 1967.

(3) That provision be made for the costs of the application from the estate. ”

The proceedings were originally commenced by Tawa Adenike Adeniji as the only plaintiff against only four defendants-Hadji Ibrahim Oguntake Adeniji; Nimota Abeo as next friend of Nuraini, Mutiu, Muyinat and Yesufu Adeniji; Madam Falilatu (alias Iya Karimat and Jemilat Adeniji); and Ayisatu Aduke as next friend of Raliat Adeniji.

Subsequently a point was successfully taken that as the matter concerns the distribution of the estate of Abudu Karimu Adeniji (deceased) in accordance with native law and custom, all persons interested in, or are likely to be affected by, the result of the proceedings should be made parties thereto. Consequently, by an order of court, the summons was amended on 12th February, 1968. Thereafter, the names of the parties were as follows:

Plaintiff

I. Tawa A. Adeniji (Administratrix)——————-

2. Issa A. Adeniji –
3. Hakeem A. Adeniji (By their attorney Miss T. A. Adeniji) –
4. Taofiq A. Adeniji – Plaintiff
5. Humuliheri A. Adeniji
6. Yakoob A. Adeniji (By his next friend Madam Khadijat Abeni –

AND

I. Hadji I. O. Adeniji (Administrator) – –

2. Mutiu Adeniji
3. Muyinat Adeniji (By their guardian ad litem Madam N. Abeo) –
4. Yesufu Adeniji
5. Karimat Adeniji – Defendants
6. Jemilat Adeniji (By their guardian ad litem Madam Falilat Abeke)-
7. Raliat Adeniji (By her guardian ad litem Madam Ayisatu Aduke) –
8. Nuraini Adeniji

Pleadings were ordered and duly filed and delivered. It appears that with the exception of the 1st defendant, all the parties involved in the case are the surviving children of the deceased whose estate is the subject matter of this appeal. Tawa Adenike Adeniji, the 1st plaintiff, is the eldest daughter of the late Abudu Karimu Adeniji by his first wife, Khadijat Abeni. She is also an administratrix of the estate. Issa A. Adeniji, the 2nd plaintiff, is the first and eldest son of the deceased by the said first wife. Hadji I. O. Adeniji, the 1st defendant and an administrator of the estate, is a younger brother of the deceased; and the 2nd, 3rd and 4th defendants are the children of the deceased by his second wife, Nimota Abeo.

At the trial the view which the learned trial judge (Adedipe J.) took and with which we respectfully agree was that the issues for determination fell under two main heads, namely:

(i) Who was the head of the family of the deceased ; And