E. O. AYOOLA, J.S.C. (Delivering the Leading Judgment): The action to which this appeal relates concerned the estate of Chief T.E.A. Salubi ("the deceased") who died intestate on 19th September, 1982 survived by his widow who he married under the then Marriage Ordinance, two children born of him by the said widow and two other children born of him out of wedlock but whose paternity he acknowledged and who were in his life time raised in the matrimonial home with the consent of his lawful wife who accepted them as children of the family. The deceased had a successful career in the civil service and was a minister in the then Midwest State. He died leaving a rather substantial estate comprising, inter alia, of landed property in Ovu, his hometown, Lagos, Sapele, Warri and Benin.
Dr. T. E. Salubi ("the 1st defendant") was the first son of the deceased. Upon the death intestate of the deceased, letters of administration were on 14th June, 1985 granted to his widow and the 1st defendant. …