RAMOND OZO V. THE STATE
August 27, 2025UNITED DOMINIONS CORPORATION (NIG.) LTD. V. A. O. OLADIPO
August 27, 2025Legalpedia Citation: (1971) Legalpedia (SC) 80871
In the Supreme Court of Nigeria
Fri Mar 12, 1971
Suit Number: SC 167/1968
CORAM
COKER, JUSTICE, SUPREME COURT
LEWIS, JUSTICE, SUPREME COURT
MADARIKAN, JUSTICE, SUPREME COURT
PARTIES
RUFAI KEKEREOGUN YAKUBA KEKEREOGUN RAIMI KEKEREOGUN R. A. DUROSIMI-ETTI APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff who is a first cousin of the deceased, applied to the Probate Register for a grant of letters of administration jointly to both the 1st defendant and himself to enable them to administer the estate of the deceased. The defendants, half brothers of the deceased lodged a caveat against the said application.
HELD
The Court held that the plaintiff was not entitled to the letter of administration. The letters of administration of the estate of Yesufu Akanbi Kekereogun deceased was accordingly granted to the 1st, 2nd and 3rd defendants.
ISSUES
Between the 1st, 2nd and 3rd defendants who are half-brothers of the deceased and the plaintiff who is a cousin of the deceased, who are the next-of-kin of the deceased as it has not been suggested that the deceased was survived by a widow?
RATIONES DECIDENDI
DETERMINING THE NEXT OF KIN OF A DECEASED
When the contest is between one of the half blood, the whole blood is preferable in the grant of administration to the half blood, though the majority of interests concur in the latter, unless material objections can be proved against the claimant of the whole blood. Per Madarikan, JSC
DETERMINING THE NEXT OF KIN OF A DECEASED
“In the first place the children and their lineal descendants to the remotest degree, and on failure of children, the parents of the deceased are entitled to the administration; then follow brothers and sisters, then grandfathers and grandmothers, then uncles or nephews, great-grandfathers and great-grandmothers, and lastly cousins” Per Madarikan, JSC
CASES CITED
In the Goods of James Browning (1861) 164 E.R. 1144
STATUTES REFERRED TO
Court of Probate Act, 1857, (English)
