CHIEF D.O. OGUGUA VS ARMELS TRANSPORT LTD
August 12, 2025AGADA OKOIKO & ANOR V. OZO ESEDALUE & ANOR
August 12, 2025Legalpedia Citation: (1974) Legalpedia (SC) 94463
In the Supreme Court of Nigeria
Thu Mar 21, 1974
Suit Number: SC. 309/1971
CORAM
OLATAWURA JUSTICE, SUPREME COURT
TASLIM O. ELIAS CHIEF JUSTICE OF NIGERIA
SIR U. UDOMA JUSTICE, SUPREME COURT
PARTIES
O. THOMPSON OKE & ANOR APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
A testator, by a will, devised the house he lived and was buried to the appellant contrary to Urhobo-Itsekiri customary law on succession.
HELD
The court held that the testator could not devise the property as he purported to have done to any person other than his first son, in accordance with the Urhobo-Itsekiri customary law of succession.
ISSUES
Whether the decision of the lower court is valid.
RATIONES DECIDENDI
LIMITATION OF WILLS LAW
It is not to be supposed that Section 3(1) of the Wills Law can confer upon a testator the testamentary capacity to devise property by Will which the testator would not otherwise have. The introductory phrase “subject to any customary law relating thereto” necessarily makes the power given to a testator under the subsection dependent upon the particular customary law permitting it. Per Elias CJN
CASES CITED
Taylor v. William & Anor (1935) 12 NLR 67
Ogunmefun v. Ogunmefun (1931) 10 NLR 82
Davies v. Sogunro & Ors. (1936) 13 NLR 15
STATUTES REFERRED TO
The Wills Law, Cap. 133 Vol. VI Laws of Western Nigeria 1959
