CaseLaw
Otun V. Otun (2004) CLR 7(m) (SC)
Judgement delivered on July 16th 2004
Brief
Facts
The facts of this case are simple and straight-forward. The late Ashimi Otun, the parties' ancestor died in June 1937 leaving 7 wives, four male children and a daughter. The Appellants are the grandchildren of the late Ashimi Otun. After his death the then eldest son, Sunmola Otun became the "Dawodu" of the family and responsible for the management of the deceased estate according to the Yoruba native law and custom. Sunmola Otun died in April 1972 and upon his death the next eldest son of late Ashimi Otun Alhaji Lamidi Otun succeeded him as the Dawodu of the said family. Alhaji Lamidi Otun also died in December 1979 leaving the 1st Respondent as the only surviving male son of the late Ashimi Otun. The 1st Respondent thereafter assumed the responsibility of managing his late father's estate as the Dawodu of the family and applied to the High Court Ibadan for Letter of Administration for this purpose on 8th June 1981. His application was gazetted and advertised as required by law but no objection or caveat was received from anyone in respect thereof. The 2nd Respondent, as Probate Registrar, issued the Letter of Administration to the Respondent on 22nd November 1982. On 10th April, 1984 the Appellants filed this action challenging the right of the 1st Respondent to manage his father's estate and asking the Court to revoke the said Letter of Administration on the grounds that the 1st Respondent was a dishonest person, not on good terms with the members of the Ashimi Otun family and was fraudulent in obtaining the grant of the Letter of Administration to further his own nest.
The learned trial Judge heard all the evidence in the case and at the end dismissed the claims of the Appellants. Their appeal to the Court of Appeal was also dismissed as being without merit and they appealed here.