Ratio Decidendi


(1963) JELR 39698 (SC)    

Supreme Court  ·  F.S.C.102/1962 ·  20 Jun 1963 ·  Nigeria
Other Citations
(1963) All N.L.R 75
ADEMOLA ADETOKUNBO C.J.N Justice of The Supreme Court of Nigeria JOHN IDOWU CONRAD TAYLOR Justice of The Supreme Court of Nigeria BAIRAMIAN Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
native law
marriage ordinance
ayodele pomphilo
learned judge
miss caulcrick
miss pomphilo
standard of proof
7th defendants
additional evidence
elder brother
form of marriage
latter marriage
present head of the family of pomphilo
renner gold coast report
summing up of the evidence
witness ayodele pomphilo
certified copy of a marriage certificate
close relations
core of the case
death of chief akintunde abisogun
different women
following order
instructions of her daughter
isaac pomphilo
lawful wife
legitimate children
marriage of the appellant
only child of the marriage
personal estate of chief akintunde abisogun
personal property
purported marriage
re adele sapara caveatrix
respective parents
set aside
strength of this second finding
time of the celebration of such marriage
united kingdom
widow mrs ethel adeleye abisogun

ADEMOLA, CJF: On the death of Chief Akintunde Abisogun intestate, the appellant, who claimed to be his lawful wife, having been married to him in accordance with the Marriage Ordinance, and acting on behalf of, and on the instructions of her daughter then away in the United Kingdom, applied for letters of administration to administer his personal property. The daughter was the only child of the marriage. The first five defendants, who claimed to be the children of the deceased by different women who are not parties to this action, filed on the 22nd day of January, 1960, a caveat. Each of these defendants claimed that his mother was married to the deceased according to Native Law and Custom, took place in 1919. There were three others married to the deceased before her in accordance with Native Law and Custom. Later a fifth wife was added to the fold. No attempt was made to prove any of the other four marriages but that of Ayodele Pomphilo in 1919. She gave evidence of it and said that…

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