(2004) JELR 45001 (CA)    

Court of Appeal  ·  CA/L/213/95 ·  18 Mar 2004 ·  Nigeria
Other Citations
Kayaoja v. Bello (2005) 4 NWLR (Pt.915)327
Kayaoja v. Bello (2005) 4 NWLR (Pt. 915) 327
JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria PIUS OLAYIWOLAADEREMI Justice of The Court of Appeal of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
deed of partition
ogunjobi street
exhibit r
family land
family property
suit no.
ereko street mushin
instant appeal
appellate court
lower court
plot no.
alhaja sabalemotu alarape adekayaoja
salu kayaoja
1st dw
2nd issues
children of salu kayaoja
correct position
deed of partition exhibit d
deed of partition invalid
delivery of the judgment exhibit
estate of their late father
evaluation of the evidence
evidence of the 1st defendant
failure of the court
invalid deed of partition
j. o. shiwoniku
judgment of dagfus j.
lagos state high court
leading judgment
part of the respondents
personal effects
personal estate
property no.
real property
subsisting partition
trial judge
unchallenged evidence of pw2
yoruba native law

M. D. MUHAMMAD, J.C.A. (Delivering the Leading Judgment): Sometime, in September, 1981, while on the Muslim's pilgrimage to Mecca, Alhaja Sabalemotu Alarape Adekayaoja, died intestate. She was survived by the parties to the suit that brought about the instant appeal. The appellant who at the trial court was the plaintiff, is the deceased's half brother on the paternal side. The defendants, now respondents, are late Sabalemotu's half-brothers and sister, on the maternal side. On Sabalemotu's death, the respondents took over her estate and subsequently, applied for a letter of administration. A caveat thereat was entered by the appellant, who also instituted an action seeking the following reliefs:-

"(a) A declaration that the plaintiff is entitled to administer and inherit the real property (sic) namely 11 Ogunjobi Street and 16 Ereko Street Mushin, belonging to Alhaja Sabalemotu Alarape Adekayaoja and also, the rents accruing therefrom from the time of the intestate's death.

(b) A dec…

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