Ratio DecidendiRatio Decidendi


(1973) JELR 45940 (SC)    

Supreme Court  ·  SC.52/1973 ·  16 Nov 1973 ·  Nigeria
Other Citations
(1973) All N.L.R 740 (1973) 11 S.C. 1
TASLIM OLAWALE ELIAS Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria DAN IBEKWE Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
customary law
learned trial judge
moslem law
administration of estates law
customary courts law
appropriate customary law
lex situs
western state of nigeria
high court
present appeal
common ground
laws of the western state of nigeria
native law
administration of estates law cap
applicable law
moslem law of lebanon
yussuf khalil zaidan
applicable moslem law
cases of succession
date of the deceased
deceased husband
defendant wife
evidence of the 2nd-4th respondent
following cases
honourable court
immovable property of a deceased person
intestate succession
laws of western nigeria
leading judgment
lebanese moslem law of the school
lebanese moslems
main question
nigerian nationality of the parties
plaintiffs claim
provisions of moslem law
purposes of the conflict of laws
residuary estate of the late y
residue of the immovable part of the estate
said residuary estate
submission of dr odje
such moslem law
suit no. w170
support of her counter-claim
type of customary law
warri high court

T. O. ELIAS, CJN (Delivering the Leading Judgment): This is an appeal from the judgment of Ovie-Whiskey, J., delivered in Suit No. W170/66 at the High Court, Warri, in which the plaintiff (herein respondent) claimed against the defendant (herein the appellant) in her final amended claim as follows: -

"A declaration that the defendant is not entitled to a share in the residuary estate of the late Y .K. Zaidan-deceased."

In the alternative, the plaintiffs claim is that the said residuary estate is to be distributed in accordance with Moslem Law".

In her final amended counter-claim, the defendant sought a declaration that she is entitled to:-

"(1) 5/6 (five sixths) of the residue of the immovable part of the estate of Yussuf Khalil Zaidan (deceased) lying and situate in Warri registered as No. 48 at page 48 in Volume 324, No. 11 at page 11 in Volume 480 and No. 11 at page 11 in Volume 484, of the Lands Registry in the office at Ibadan now at Benin City; together with all the houses, …

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