ISTIFANUS THOMAS, J.C.A. (Delivering the Leading Judgment): At the Lower Court, the present respondent was the applicant in which he filed an originating summons against the present appellants seeking the following reliefs:
1. A declaration that having regard to the Infants Law of Oyo State, upon the death of MRS OLUTOBI ARAMIDE ADERINOKUN, the mother of MAYOWA and TEMILOLA ADERINOKUN, the plaintiff being their natural father, is by operation of Law, the guardian of the said children TEMILOLA ADERINOKUN, the plaintiff being their natural father, is by operation of Law, the guardian of the said children.
2. Order directing the respondents forth with to deliver up to the applicant by himself or through his Attorney, servant or agent, the actual custody of the above named children namely MAYOWA ADERINOKUN DOB 22/12/95 and TEMILOLA ADERINOKUN DOB 7/1/98.
3. Order that the International Travelling Passports of the said children be delivered to the applicant or his Attorney, servant or agen…