SUBERU & ORS. V . SUNMONU & ORS

(1957) JELR 80170 (SC)    
Supreme Court  ·  .FSC 174/1956 ·  30 Jan 1957 ·  Nigeria
 · 
Other Citations
(1957) NSCC VOL 1 PG 5
CORAM
FOSTER SUTTON,F.C.J JIBOWU, F.J. DE LESTANG, F.J.
Core Terms Beta
property
abudu raimi
issue
paternal relations
custom
defendants
rule
rule of native law
appeal
husband’s property
maternal relations
1st plaintiff
court
laws
learned judge
mother’s side
native law
sons
uterine brother
4th plaintiffs
abudu raimi’s portion
chapter iv of ajisafe
cross examination
custom of the yoruba people
deceased family
evidence
father’s wives
favour
favour of the widows
f.j
grand nephew of the said abudu raimi
important issue
judgment of hubbard
july 1951.the 1st plaintiff
lead judgment
learned trial judge
modern times
others
own mother
paternal relations of the deceased
present case deals
question of succession
relation of her late husband
respect
section
son of his uterine sister.his judgment
uterine brother of abudu raimi
widows of the said abudu raimi
widows.with respect
wives of the said abudu raimi

JIBOWU, F.J (reading the lead judgment)

This appeal from a judgment of Hubbard,J., dated the 11th day of October,1955, raises an important issue as to native law and custom on the question of succession on intestacy to a property inherited by a person who dies without issue.

The property in dispute No.15 Andrew Street,Lagos, originally belonged to one igbekoyi who died leaving two sons,Abudu Raimi and Suberu. Suberu died and the property was partitioned between Abudu and the defendants,who conveyed Abudu Raimi’s portion to him by a conveyance dated the 6th November,1945.and registered in the Lands Registry in Lagos. Abudu Raimi died intestate and without issue in July 1951.The 1st plaintiff was a uterine brother of Abudu Raimi by a different father.The 3rd and 4th plaintiffs were wives of the said Abudu Raimi in his lifetime.The first four defendants were sons of Suberu, and the 5th defendant a grand nephew of the said Abudu Raimi.

The question for decision was, which of the two parties,…

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