OGUNDARE, J.S.C. (Delivering the Leading Judgment): By an indenture dated 2nd June 1986 and registered as No.43 at page 174 in Volume 29 of Register of Deeds kept at the Lagos Land Registry, one Theophilus Otemuyiwa became owner of the land and property situate and known as 163 Igbosere Road Lagos. The said Theophilus Otemuyiwa died intestate some years ago leaving behind three children surviving him, that is Adeniyi Otemuyiwa, Gabriel Theophilus Abiodun Otemuyiwa and Adekunlc Otemuyiwa. The three sons, on the death of their father, inherited the said property which became their family property under Yoruba customary law.
Adeniyi died intestate in Lagos on 10th January 1975; he had no issue. Adekunle also died intestate on 9th February 1976; he too was childless.
On 28th December, 1972 during the lifetime of the three brothers, Abiodun (hereinafter is referred to as the testator) had made a Will devising his share in the property at 163 Igbosere Road Lagos to Madam Olufunso Okelola (…