ZAIDAN
V.
MOHSSEN

(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

CORAM

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

section

customary law

parties

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

counter-claim

laws of the western state of nigeria

native law

administration of estates law cap

applicable law

moslem law of lebanon

subject-matter

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, …

ZAIDAN V. MOHSSEN

ZAIDAN
V.
MOHSSEN