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OKELOLA
V.
BOYLE

(1998) JELR 45581 (SC)    

Supreme Court  ·  SC.30/1993 ·  23 Jan 1998 ·  Nigeria
 · 
Other Citations
Okelola v. Boyle (1998) 2 NWLR (Pt.539) 533 (1998) 1-2 S.C 60
Okelola v. Boyle (1998) 2 NWLR (Pt. 539) 533
CORAM
ABUBAKAR BASHIR WALI JSC IDRIS LEGBO KUTIGI JSC MICHAEL EKUNDAYO OGUNDARE JSC EMANUEL OBIOMA OGWUEGBU JSC SYLVESTER UMARU ONU JSC

Ratio Decidendi

Core Terms Beta
testator
will
evidence
court
learned trial judge
court of appeal
learned judge
prima facie
family property
last will
counter-claim
igbosere road lagos
onus of proof
state of health of the testator
customary law
making of the will ex
considered view
judgment of the court of appeal
principal witness
said property
solemn form of law
sufficient evidence
additional grounds of appeal
burden of proof of the due execution
circumstances of the making of the will exhibit
clear evidence
conclusion of trial
date of the will
defendant repeats paragraphs
devise of the property
doubtful proof of mere execution
evidence of the said interpreter
finding of the learned trial judge
findings of the learned trial judge
honourable court
judgment of the trial court
lagos land registry
leading judgment
lead judgment of awogu j.c.a
mr. a idowu george
number of cases
respect of the will of the testator
said theophilus otemuyiwa
sales clerk
theophilus otemuyiwa
time of the execution of a will
unanimous decision
will exhibit d1
will of gabriel theophilus otemuyiwa

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 (…

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