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 p…