(2002) JELR 44670 (SC)    

Supreme Court  ·  SC.190/1999 ·  10 May 2002 ·  Nigeria
Other Citations
(2002) 5 S.C (Pt.I) 122
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria
Core Terms Beta
remilekun olaiya
trial court
learned trial judge
statement of claim
2nd defendant
adoption of emmanuel
birth certificate
judgment of the court
leave of the court
emmanuel o. olaiya
sarah o. olaiya
deceased husband
estate of the aforesaid deceased
issue of adoption
judgment of the trial court
children of solomon kayode olaiya
emmanuel olabunmi olaiya
estate of solomon kayode olaiya
order of perpetual injunction
said estate
sarah olufunmilayo olaiya
scale of evidence
adopted children of the deceased
adopted children of the deceased husband
a. o. ejiwunmi
appeal stems
biological child
brief review of the facts
considered judgment
end of the trial
first relief
following properties
following reliefs
incompetent grounds of appeal
issue of validity of the adoption
leading judgment
lead judgment
learned defence counsel
marriage act
name date of birth
only child of his brother
order of the court
preliminary objection of the respondents
question of burden of proof
question of the validity of the adoption
third child remilekun ajayi

A. O. EJIWUNMI, J.S.C. (Delivering the Leading Judgment): This appeal stems from the judgment of the court below. The case itself commenced at the trial court with the plaintiff/respondent who by paragraph 20 of her statement of claim sought for the following reliefs from the trial court.

They read as follows:-

"A. A declaration that the plaintiff along with the children of Solomon Kayode Olaiya (deceased) viz

(i) Emmanuel O. Olaiya

(ii) Sarah O. Olaiya

(iii) Remilekun Olaiya

are the exclusive beneficiaries of the estate of the said Solomon Kayode Olaiya (deceased) who died intestate on 24th February, 1981.

B. A declaration that the defendants do not have any beneficial interest in the estate of the aforesaid deceased and their management and control of same amounts to intermeddling with the said estate.

C. An order of perpetual injunction restraining the defendants, their agents and/or privies from further intermeddling or interfering in the estate of Solomon Kayode Olaiya (deceased)…

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