JAMES SHEHU ABIRIYI, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the Ondo State High Court sitting at Akure. Both parties are brothers who are not agreed as to who is the head of the family after the death of their father and the mode of distribution of the property of their late father. The Respondents were the Plaintiffs at the Lower Court. The Appellant was the defendant. The claim of the Respondents at the Lower Court was for the following:
(a) A declaration that all the properties of Late MR. RUFUS OLATUNJI AKINGBASOTE (Deceased) comprising of both corporeal and incorporeal hereditaments viz:-
The deceased houses at No. 2, Eruoba Titun Street, Akure, No. 34, Danjuma Road, Akure, undeveloped land of about 6.12 Hectares situate at ASIWO Comp, Akure - Owo express Road, Akure and all his shares in the Nigeria Bottling Co.; Intercontinental Bank Plc.; Access Bank Plc; Union Bank Plc. And Tropical Petroleum Product Ltd.; are the joint properties i…