Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2003) JELR 44851 (SC)    

Supreme Court  ·  SC.120/1997 ·  28 Feb 2003 ·  Nigeria
Other Citations
Salubi v. Nwariaku (2003) 7 NWLR (Pt.819)426 (2003) 2 S.C 161 (2003) 2 S.C 161
Salubi v. Nwariaku (2003) 7 NWLR (Pt. 819) 426
IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
administration of estates law
1st defendant
marriage act
court of appeal
english law
marriage ordinance
native law
learned trial judge
letters of administration
trial judge
ordinance law
provisions of section
trial court
distribution of intestate estate
marriage ordinance law
relevant applicable laws
administration of estates law of bendel state
beneficiaries of his estate
estate of person
leading judgment
leading judgment of the court of appeal
western region of nigeria
administrator of the estate
amended statement of claim
beneficiary of the estate of the deceased
deceased being
distribution of the rest of the estate
estate of chief t.e.a. salubi
express provision
federal law
federal statutes
judgments of the lower courts
jurisdiction of the high court of bendel state
late father
leave of the court cross
main issue
matter of deliberate choice
midwest state
particulars of the landed properties
said widow
state law
substantial estate
such provisions
third share of the estate of her father

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. …

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