UDO AKPAN VS THE STATE
August 22, 2025ESTHER A. OSHO & ORS VS GABRIEL A. PHILLIPS & ORS
August 22, 2025Legalpedia Citation: (1972) Legalpedia (SC) 41110
In the Supreme Court of Nigeria
Fri Apr 7, 1972
Suit Number: SC. 70/1970
CORAM
COKER JUSTICE, SUPREME COURT
MADARIKAN JUSTICE, SUPREME COURT
UDOMA JUSTICE, SUPREME COURT
PARTIES
HADJI I.O. ADENIJIMUTIU ADENIJIMUYINAT ADENIJI (By Their Guardian Ad Litem), Madam N. Abeo)YESUFU ADENIJIKARIMAT ADENIJI JEMILAT ADENIJI (by their guardian ad litem. madam falilat abeke)RALIAT ADENIJI (By Her Guardian Ad Litem, Madam Ayisatu Aduke)NURAINI ADENIJI APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The defendant/appellant (deceased brother) and the 1st plaintiff/ respondent (deceased eldest daughter) are in dispute as to the headship of the deceased family. They both posited idi-igi and ori-ojori principle respectively as the method to be used for the distribution of the estate of the deceased. The trial court found that the 2nd plaintiff/respondent (eldest son) was the head of family and his decision was final.
HELD
The decision of the trial court was set aside as there was no evidence on record that the 2nd plaintiff/respondent ever claimed headship of the family. There was also no evidence supporting the fact that he gave a method for the distribution of the estate
ISSUES
Whether or not the appellant or 1st respondent is the head of family of Abudu Karimu Adeniji
Whether or not it is ori-ojori or idi-igi that is applicable in this circumstance for the distribution of the estate
RATIONES DECIDENDI
THE IDI-IGI AND ORI-OJORI SYSTEMS OF DISTRIBUTIONS
“(1)The Idi-Igi method of distribution of the estate of a deceased person is an integral part of the Yoruba Native Law and Custom;
(2) that since it is a universal method it should be adopted except where there is a dispute among the descendants of the intestate as to the proportions into which the estate should be divided;
(3) that where there is such a dispute the head of the family is empowered to and should decide whether Ori-Ojori ought in the particular case to be adopted instead of Idi-Igi; and
(4) that any such decision must prevail” Per UDO UDOMA, JSC
A COURT IS BOUND TO DECIDE BASED ON THE ISSUES FORMULATED BY PARTIES.
“It was not competent for the court to make a case of its own or to formulate its own case from the evidence before it, and thereafter to proceed to give a decision based upon its own postulate quite contrary to the case of parties” Per UDO UDOMA, JSC
CASES CITED
Lewis v. Bankole 1 NLR 81
Samson Ochonma v. Asirim Unosi (1965) NMLR. 321
Suwebatu Danmole and 4 Others v. Issa Dawodu and 11 Others (1958) 3 FSC 46
STATUTES REFERRED TO
