MIKA’ILU JCA (Delivering the Lead Judgment): This is a case of intestacy. The appellants were among the plaintiffs who instituted an action before the Kwara State High Court of Justice through a writ of summons against the respondent in suit No. KWS/OM/12/95, Mrs Victoria Tinuoye and Others v. Mrs Mary Afolayan . They claim for the following reliefs:
A declaration that in view of the fact that the plaintiffs and the defendant are of the same parents, they all agreed to equal shares in the property of late Josephine Olalonpe Adeniran Obale who died intestate on 26th December, 1988.
An order compelling the defendant to render the accounts ofa grand total of N266,030.00k being the total rents and cost of 7,000 blocks collected by the defendant in the two properties left by the two deceased persons, late Mr. Patrick Adeniran and late Mrs Josephine Olalonpe Adeniran Obale who are the parents of the plaintiffs and the defendant. A perpetual injunction restraining the defendant from collec…