SAMUEL OGUEBIE & ANOR V. CHUKWUDILE ODUNWOKE & ORS
August 15, 2025SCOA MOTORS, ONITSHA & ANOR. VS CHINWUBA ABUMCHUKWU
August 15, 2025Legalpedia Citation: (1973) Legalpedia (SC) 21117
In the Supreme Court of Nigeria
Wed Apr 18, 1973
Suit Number: SC. 8/1972
CORAM
ELIAS, CHIEF JUSTICE, NIGERIA
EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)
IRIKEFE, JUSTICE, SUPREME COURT
PARTIES
IRENE A. ADEBAJO APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
This is an appeal against the judgment of the Lagos High Court in which he dismissed the action of the plaintiff concerning the validity of the Will, and pronounced in favor of the will of Israel A. O. Adebajo (deceased) made and executed by the said deceased. The plaintiff issued a writ against the first three defendants. A Statement of Claim was filed, and the Statement of Defense was also filed. And on the plaintiffs application the court granted an order joining the 4th to the 8th defendants. Dissatisfied with the judgment of the high court, the plaintiff appealed to the Supreme Court.
HELD
The appeal was dismissed.
ISSUES
Judgment is against the weight of evidence.
The learned Chief Justice in accepting the evidence of Mr. Osijo failed to direct his mind properly to the evidential value of the endorsement on the Will as to the date when it was made.
The learned Chief Justice erred on the facts in failing to accept the evidence of the first plaintiff in regard to the way in which the deceased carried on his work at home between March or April, 1969 till June, 1969 when the attempts made by the defendants to discredit her testimony were wholly unsuccessful.
The learned Chief Justice erred in law in making either a pronouncement in favor of the Will when there was no counter-claim before him to that effect.
RATIONES DECIDENDI
THE STATE OF HEALTH AND MENTAL CAPACITY OF THE DECEASED MATTER WHEN MAKING A WILL
“What really mattered, however, was the state of health and mental capacity of the deceased when he made the Will.” Per ELIAS, CJN.
CASES CITED
Powell v. Steathem Manor Nursing Home (1935) AC 243, at p. 255
Walter Loeb v. Solomon Nasser (1937) 3 WACA 227, at p. 228
Kojo II v. Bonsie and Anor. (1953) 14 WACA 242, at p. 243
STATUTES REFERRED TO
None
