ESTATE OF RANDLE: NELSON & ANOR. V. AKOFIRANMI

• Pages: 91-97

ESTATE OF RANDLE: NELSON & ANOR. V. AKOFIRANMI

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successor to the vacant stool. It was in my view never intended by the legislature

that there should be a difference; that the installer, if the ceremony

was imperfect,

be guilty of an offence whilst the person installed, should the ceremony be proved

imperfect by reason of the fact that it was not in accordance with the local custom,

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should go unpunished, was certainly not intended. The object was to await the

approval of the Governor- in-Council before any installation takes place.

On the above reasoning the learned Senior Magistrate was wrong when he held

that"a

prima facie"

case was not made out by the complainant and that the defend-

ant had no case to answer. The proper thing to do was to have called upon the

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defendant for his defence.

This appeal will, therefore, be allowed. The case will be sent back to the

learned Senior Magistrate with direction that the defendant should be called upon

for his defence and the verdict be resolved by the learned Magistrate.

Cost of 25 guineas awarded against the appellant in the Magistrate Court if al-

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ready paid is to be refunded. The appellant is entitled to costs in the High Court

as well as costs of this appeal. CoEt in the High Court are assessed at 17 guineas

and costs amounting to 27 guineas in this Court.

Appeal Allowed: Case remitted to

Magistrate's Court with directions.

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ESTATE OF RANDLE: NELSON & ANOR.

V.

AKOFIRANMI

In the estate of:

LIONEL ADERONMU RANDLE, (deceased)

A.S.G. NELSON and MADAM

H.I. ALAKE

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APPELLANTS

V

LORETTA AKOFIRANMI

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RESPONDENT

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FEDERAL SUPREME COURT

ADEMOLA,

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C.J.F.

BRETT,

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F.J.

TAYLOR,

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F.J.

12th March, 1962.

SUIT NO. FSC 30/1961

Family Law and Succession - Wills - Attestation - Execution - Attestation clause

- Presumption of due execution not rebutted.

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Evidence - Presumptions - 017111la rite esse acta.

0.

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ISSUE:

1. Whether a presumption of due execution will be raised in favour of a Will,

where there is controversy as to whether or not the testator signed in the

presence of the witnesses.

FACTS:

Plaintiffs/Appellants were cousin and wife of deceased by a first marriage re-

spectively. The Respondent a daughter of the deceased by an earlier marriage

filed a caveat against probate of the will of the deceased and alleged that the will

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