M. D. MUHAMMAD, J. C. A.: (Delivering the Leading Judgment): The Appellant commenced Suit NO. 1/582/2001 against the Respondents at the Oyo State High Court by way of an originating Summons seeking the following relies :-
"(I) A determination as to whether the marriage celebrated between the Plaintiff and Samuel Olufemi Arewa (Deceased) was legal, valid and subsisting at the death of/the deceased. If the answer to (1) is Yes!
(2) A determination as to whether the Plaintiffs is:-
(a) entitled to administer the Estate of the deceased in priority; jointly with any children of the deceased.
(b) A Beneficiary of the Estate of the Deceased and to what extent. If the answer to (2) is yes:-
(3) A determination as to whether the 2nd Respondent has any rights of administration or succession concerning the Estate of the Deceased.
If the answer to (1) and (2) is Yes and (3) is No, the Plaintiff prays for the following Order:
(4) That the 2nd Defendant be restrained by injunction from intermeddli…