Adeniyi Olowu & Ors. V. Olabowale Aremu Olowu & Anor. (1985)

LawGlobal-Hub Lead Judgment Report

COKER, J.S.C. 

The parties to these proceedings now on appeal are the issues and beneficiaries of one Adeyinka Ayinde Olowu, whose parents were Yoruba indigenes from Ilesha. He lived apparently from childhood until his death in Benin City.

He, like his late father, had considerable business interests in Benin City and acquired landed properties as any indegene of that City. He married Benin women and, it is clear on the evidence and finding of the trial Judge that, the parties themselves are children born by his Benin wives.

It was pleaded by the 1st defendant and evidence was led that during his lifetime, he applied to the Oba of Benin to be “naturalised” as a Benin indigene which conferred on him the right to acquire absolute title to the considerable landed properties in Benin City as any native of that city. The trial Judge accepted the evidence and found as a fact that he became a Benin indigene by choice with the blessing of the Oba of Benin and apparently, the approval of the then Administration.

The Plaintiffs in the High Court at Benin City, claimed for themselves and other issues of the deceased intestate against the two defendants, who were co-administrators of the estate, the following reliefs in their amended statement of claim:-

“(a) Removal of the aforementioned Defendants as Administrators and Trustees to the Estate of late Adeyinka Ayinde Olowu.

(b) That the purported distribution of the said Estate by the 1st Defendant alone under Benin Native Law and Custom be nullified, the late Adeyinka Ayinde Olowu was until his death a Yoruba by tribe.

(c) That a directive be given that the said Estate be distributed in accordance with the Yoruba Custom of inheritance.

“OR in the Alternative, the Plaintiffs claim is for:

(1) Revocation of the grant of letters of Administration made to the Defendants on 4th day of July 1962 in respect of the Estate of late Adeyinka Ayinde Olowu.

(2) The grant of fresh Letters of Administration to the Plaintiffs.

(3) The Defendants jointly and severally to give an account of the administration of the Estate, of all monies received and expended in respect of the said estate since 4th July, 1962 up to date.”

The trial was on the issues raised in the pleadings filed by the parties. The two defendants, the co-administrators of the estate, each filed a separate statement of defence. 1st defendant was the first or eldest son (and Dawodu), while the 2nd defendant was the second son of the deceased. The two defendants, 3rd P.W. and 2nd Plaintiff, are full blood brothers and sister born by a Benin mother. At the trial, no other issue of their late father or any of his relations, paternal or maternal, testified. The Plaintiffs and 2nd Defendant averred that their late father culturally remained a Yoruba man until his death and, that his estate ought to have been distributed in accordance with Yoruba native law and custom and not according to Benin native law and customs as the 1st Defendant purported to have done. The real issue in the case centered on whether the estate should be distributed according to Benin or Yoruba native law and custom. In other words, the proper personal law of the deceased father.

Paragraphs 24, 26, 27 and 30 of the statement of claim read:-