HADJI I.O. ADENIJI & ORS VS TAWA A. ADENIJI & ORS
August 22, 2025KAFENE JEDDO VS AGHARIMUAYIRE IMIKO
August 22, 2025Legalpedia Citation: (1972) Legalpedia (SC) 23114
In the Supreme Court of Nigeria
Thu Mar 30, 1972
Suit Number: SC. 180/69
CORAM
ADEMOLA JUSTICE, SUPREME COURT
MADARIKAN JUSTICE, SUPREME COURT
UDOMA JUSTICE, SUPREME COURT
PARTIES
ESTHER A. OSHOGEORGE A. PHILLIPSJOSEPH A. PHILLIPS APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiffs and defendants claim to be surviving children of Solomon Ajibola Phillips deceased who died in testate, the defendants are resisting the plaintiffs claim to share from the profits accruing from their fathers properties.
HELD
The Court held that this appeal must succeed and it is hereby allowed. The judgment of the Lagos High Court in Suit No. LD/451/67 together with the order for costs is hereby set aside and in its place we order that the plaintiffs claim be and it is hereby dismissed.
ISSUES
None
RATIONES DECIDENDI
PROOF OF MARRIAGE
“Under Section 32 of the Marriage Act, a marriage could be proved by the production of a copy of the certificate of marriage filed in the office of the registrar.” MADARIKAN, JSC.
CASES CITED
1. Alake & Ors. v. Pratt & Ors. (1955) 15 WACA 20
2. Wallace v. Wallace (1896) 74 LTR 253
3. O. Cole & Another v. P. A. Akinyele & Ors. (1960) 5 FSC 84
STATUTES REFERRED TO
1. Marriage Act
2. Evidence Act, 1851
3. Evidence Act, Chapter 62 of the Laws of the Federation of Nigeria and Lagos, 1958
4. Adaptation of Law (Miscellaneous Provisions) Order, 1964 (L.N. 112 of 1964)
