Ratio Decidendi


(1996) JELR 46000 (SC)    

Supreme Court  ·  SC.188/1992 ·  6 Feb 1996 ·  Nigeria
Other Citations
Jadesimi v. Okotie - Eboh (1996) 2 NWLR (Pt.429) 128 (1995-1996) All NLR 385
Jadesimi v. Okotie-Eboh (1996) 2 NWLR (Pt. 429) 128
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
children of the marriage
validity of the last will
high court of lagos state
native law
marriage act
chief festus samuel okotie-eboh
provisions of section
customary marriage
operation of section
learned trial judge
laws of the federation of nigeria
court of appeal
1st respondent
application of the provisions of section
exhibit p1
statute of general application
2nd respondent
senior advocate
brief of argument
following cases
leading judgment
mr. okitikpi
marriage registry
different statutory provisions
facts of the case
operation of law
21st day of august
previous marriage
such marriages
high court
3rd respondent
customary laws of urhobo
view of the decisions
mr. lawrence okotie-eboh
grant of the said letters of administration
bendel state
view of the special circumstance of this matter
law of the federation of nigeria
general rule
subsequent marriage
substantial points of law
wills act
brief of argument raises
minister of the federal government of nigeria
mr. kehinde sofola
solemn form of law
fourth issue
provisions of the wills act
high court of bendel state

UWAIS, CJN (Delivering the Leading Judgment): By a writ of summons taken out of the High Court of Lagos State holden at Lagos, the appellant, as plaintiff claimed against the respondents, as defendants, as follows as per her Amended Statement of Claim:-

"(a) That the Court shall pronounce for the force and validity of the last will and testament dated the 21st day of August, 1947 of Chief Festus Samuel Okotie-Eboh, formerly known and called Festus Sam Edah) late of Ogorode, Sapele, Bendel State deceased, who died on the 15th day of January, 1966; and

(b) That the Court shall revoke the grant of the said Letters of Administration of the Estate of the said deceased dated the 24th day of June, 1971."

The facts of the case, which are not in dispute, are briefly thus. The deceased, Chief Festus Samuel Okotie-Eboh was a son to an Itsekiri father and an Urhobo mother. In 1942 he got married to the 1st respondent according to Itsekiri native law and custom. The appellant as well as the 2nd re…

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