E. O. I. AKPATA, JSC (Delivering the Leading Judgment): One of the issues raised in this appeal touches on admission of fact by counsel during proceedings in the trial court. The question is whether counsel can retract such admission at the appeal stage, particularly where he has failed to show that the admission was a mistake.
The facts of this case as found by the learned trial Judge Ayorinde, J. (now Chief Judge) and which are not in dispute in this appeal are simple. Madam Salamotu Abeje who died on 28th July, 1847 devised by Will the two wings of her landed property known as No. 178 Bamgbose Street, Lagos to the 1st and 2nd defendants respectively for their life time, with the reversionary interests to their children in equal shares absolutely. The property was erroneously referred to in the Will as Nos. 176 and 178. It is only one property consisting of two wings. The 1st and 2nd defendants are children of the testatrix. The 1st, 2nd and 3rd defendants were named as executors an…