JOHN INYANG OKORO, JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal, Lagos Division, in appeal No. CA/L/254/99 delivered on 14th January, 2010 which affirmed the decision of the High Court of Lagos State in suit No. LD/1611/91 delivered by A.0. Silva, Jon 25th February, 1998.
The brief facts of the case leading to the appeal are that the Appellant and 1st - 5th Respondents are all children or late Alhaji ABDUL FATAI ADIO ODUNEWU who died on 30th October, 1990 leaving behind three (3) widows and twelve (12) children as gleanable from the record of appeal, to wit: (a) Alhaja Adebisi Odunewu, the first wife and mother of 1st - 5th Respondents; (b) Alhaja Ayoka Odunewu, the second wife and mother of Omowumi Morayo (the Appellant), Basirat and Alhaji Olawale; (c) Rose Odunewu, the third wife and mother of Airat, Islamiat and Ismaila.
On 18th January, 1991 the Respondents received a letter dated 15/1/1991 from the office of the 6th Respondent …