Before Their Lordships
TASLIM OLAWALE ELIAS……. Justice of the Supreme Court
ATANDA FATAYI-WILLIAMS……. Justice of the Supreme Court
AYO GABRIEL IRIKEFE……. Justice of the Supreme Court
Between
Irene A. Adebajo Appellants
And
- Luke Adepeju Adebajo
- Obafemi Ayantuga
- Adeola Adebajo
- Olabisi Adebajo( for herself and on behalf of her children: Adekunle Adebajo, Adey Anju Adebajo and Aderenle Adebajo)
- Adunni Adebajo ( for herself and on behalf of her children: Adetilewa A. Adebajo, Adekemi Adebajo,Adekeye Adebajo and Adefemi Adebajo)
- Alfred Adebajo
- Adeyemi Badejo
- Christopher Adelaja Respondents
…………………….A…………………….
O. ELIAS, C.J.N. (Delivering the Leading Judgment): This is an appeal against the judgment of Taylor, C.J., in Suit No. LD/22170 delivered in the Lagos High Court on 12th November, 1971 in which he dismissed the action of the plaintiff and pronounced in favour of the will of Israel A. O. Adebajo (deceased) dated 21st January, 1969 and made and executed on 25th June, 1969 by the said deceased. On 13th January 1970, the plaintiff issued a writ against the first three defendants in these terms.
“1. The plaintiff is the widow and one of the persons entitled to share in the estate of Israel Adebayo Ogunyeade Adebajo (deceased) who died on the 25th day of July, 1969 in the event of an intestacy and to have as such a grant of letters of administration of the estate of the said intestate.
- This writ is issued against you as the executors named in a pretended will of the said deceased dated the 21st day of January, 1969 against which the plaintiff asks the court to pronounce in this action.
- The plaintiff accordingly claims a declaration that Israel Adebayo Ogunyeade Adebajo died intestate.”
On February 25, 1970 a statement of claim was filed while on 12th March, 1970 the statement of defence was also filed. On 10th April, 1970 and on the plaintiff’s application the court granted an order joining the 4th to the 8th defendant. The 6th and the 7th defendants are the deceased’s brother and sister respectively of the full blood while the 8th defendant is a cousin and a beneficiary under the will. It was agreed by both sides at the commencement of the hearing that the question whether or not the plaintiff was married to the deceased was not in issue in the present suit.
