Yinusa A. Shittu & Anor V. Mrs. Bisi Osibanjo & Ors. (1988)

LawGlobal-Hub Lead Judgment Report

NNAMANI, J.S.C. 

In Suit No. LD/654/79 filed in the High Court of Lagos State, the plaintiffs/respondents claimed the following reliefs against the Defendants/Respondents herein:-

“1. A declaration that the Plaintiffs are entitled to the grant of Letters of Administration to the estate of Alhaja Nimota Asabi alias Iya Toyinlate 0137, Akinwunmi Street, Yaba who died intestate at the said address on 15th December, 1977;

2. An order that the Caveat entered by the Defendants against the application for a grant of administration be vacated;

3.(a) An order that the 1st Defendant renders an Account of the sum of N19,800.00 found in the house of the late Alhaja Nimota Asabi alias lya Toyin and handed over by the family to the 1st Defendant in February 1978 for safe keeping.

(b) An order for the payment of any money with the 1st Defendant to the Bank of India (Nigeria) Ltd., Breadfruit

Street, Lagos to reduce the overdraft indebtedness of the Late Alhaja Nimota Asabi alias Iya Toyin to the Bank.

This writ is issued against you because you have alleged that as a blood relationship (sic) of the deceased, you are solely entitled to a grant.”

It is pertinent to mention that although the appellants/applicants were not parties, it is not in dispute that they agreed that the defendants should defend the suit on behalf of the Adewunmi family.

Pleadings were ordered, filed and delivered. It was in paragraph 32 of their statement of defence dated 8/1/80 that the defendants counter-claimed for-

“An order that they be granted Letters of Administration to the Estate of the Deceased.”

I shall return to this counter-claim later in this judgment. The main issue between the plaintiffs and defendants was

of course who was entitled to administer the deceased’s vast estate. The plaintiffs relied on the evidence of an

Egba Chief for their contention that they, the deceased’s relations on the mother’s side, were entitled to administer the Estate. The defendants relied on the evidence of an Ilaro Chief for their contention that under Ilaro customary law, the deceased having been from Ilaaro, it was they, her relations – half brothers and half sisters – on the father’s side who were entitled to administer the Estate.

Ishola Oluwa, J. after hearing all the evidence delivered judgment on 23rd May, 1983. He made the following orders:-