CORAM
SALIHU MODIBBO ALFA BELGORE, JUSTICE, SUPREME COURT
PARTIES
1. ALHAJI SAIBU YEKINI OTUN2. JELILI LAMIDI OTUN3. ALHAJA SARATU OTUN4. ALHAJA SHEFIU OTUN (For themselves and on behalf of Ashimi Otun family) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The 1st respondent was granted letters of administration in his capacity as the only male surviving son of late Ashimi Otun.
HELD
The court held that the two lower courts were right in holding that he was entitled to be the head of the family as the only surviving male child of the deceased. ?
ISSUES
1. Whether the appeal of the appellants received the treatment it deserved in the Court of Appeal with regard to the treatment of the grounds of appeal and the issues formulated therefrom and thereby wrongly confirmed the judgment of the learned trial judge. 2. Whether the failure of the Court of Appeal to consider the case of Adesanya V. Otuewu (1993) 1 NWLR (pt. 270) 414 relied upon by the appellants has prejudiced the appeal of the appellants and occasioned a miscarriage of justice which led the Court of Appeal to wrongly confirm the judgment of the learned trial court. Or what is the correct Native Law and custom applicable to this case in the light of evidence before the court? ?
RATIONES DECIDENDI
CASES CITED
1. Lewis V. Bankole 1 NLR 81 at page 1022. Salako V. Salako (1965) LLR 136; 3. Nwafia V. Ububa (1966) NMLR 219; 4. Olowu V. Olowu (1985) 3 NWLR (Pt. 13) 372?
STATUTES REFERRED TO
None.?