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KHARIE ZAIDAN VS FATIMA KHALIL MOHSSEN

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KHARIE ZAIDAN VS FATIMA KHALIL MOHSSEN

Legalpedia Citation: (1973) Legalpedia (SC) 51889

In the Supreme Court of Nigeria

Fri Nov 16, 1973

Suit Number: SC. 52/1973

CORAM


ELIAS, CHIEF JUSTICE, NIGERIA

EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)

BABALAKIN,JUSTICE, SUPREME COURT


PARTIES


KHARIE ZAIDAN APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The defendants/appellants sought the appeal in respect of an estate situate and being at warri. The appellant being Lebanese


HELD


Appeal facts and is hereby dismissed.


ISSUES


Whether the parties who are Lebanese are subject to the law of the Lex Situs

Whether is not the Administration of Estates law applies to the administration of the deceased estate.


RATIONES DECIDENDI


MEANING OF CUSTOMARY LAW


“Customary law is any system of law not being the common law and not being a law enacted by any legislative in Nigeria but which is enforceable and binding intain Nigeria as between parties subject to its sway”. – Per Elias CJN.


CASES CITED


(1) Tapa vs. Kuka (1945) 15 NLR 5

(2) Adeshubolean vs. Yunusa SC 25/70

(3) Re Alayo (1946) 18 NLR 88. Pp 91-3

(4) Coleman vs. Shang (1961) 2 All ER 466

(5) King vs. Elliot (1971) 1 Ghana LR 54


STATUTES REFERRED TO


Administration of Estates Law


CLICK HERE TO READ FULL JUDGMENT

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