TORIOLA & ORS. V. WILLIAMS

• Pages: 187-199

187

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NIGERIAN SUPREME COURT CASES

[1982] N.S.C.C.

Order 7 rule 19(4) and Order 7 rule 25 of the Supreme Court Rules 1977. I agree

that the application be refused. I also dismiss it. N25 costs to respondent.

UWAIS, J.S.C.:

I agree that there is no merit in this application since the appeal

was dismissed under Order 9 rule 7 of the Supreme Court Rules 1977 for want of

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prosecution and following our decision in

Chief Ogbu v. Chief Urum

(1981) 4 S.C.

1. There is also no substance in the application to refer the case to a full panel of

this court as no other decision of this Court has been cited which conflicts with our

decision in

Chief Ogbu's

case. I too will therefore dismiss the application with N25

costs to the respondents.

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Application dismissed.

TORIOLA & ORS. V. WILLIAMS

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HAMEED A. TORIOLA & OTHERS

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APPELLANTS

V

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MRS OLUSHOLA WILLIAMS

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RESPONDENT

SUIT NO. SC 101/1981

SUPREME COURT OF NIGERIA

IRIKEFE,

BELLO,

IDIGBE,

OBASEKI,

ESO,

2nd July, 1982

J.S.C.

J.S.C.

J.S.C.

J.S.C.

J.S.C.

25

30

Land Law - Declaration of title, trespass, injunction - Administration of deceased's

estate by children - Allegation that administrator had no right to dispose of

estate - Real property in Lagos - Intestate Deceased's children - Entitled under

Yoruba Customary Law to inherit where property not disposable by will -

Estoppel raised - Res judicata - Previous action adjourned sine die - Subsequent

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action for same reliefs - Plaintiff's right to proceed with later action instead

of earlier one.

ISSUES:

1.

Whether section 2 of the Administration (Real Estate) Act of 1958 affects real

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property which an intestate could not under the Yoruba custom of intestacy,

have disposed of by testamentary disposition.

2.

Whether the administration of an estate such as in issue (1) above, i.e. - an

estate not disposable by testamentary disposition can only be disposed of

under an order of court.

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3.

Whether the Yoruba custom in Lagos of succession to property on intestacy

must be specifically proved by evidence.

4.

What is the legal effect where one party rests its case on the case of the other

party and elects not to call evidence? Is the electing party bound by the

evidence given by the other party?

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5.

Whether the filing of one suit without its prosecution to judgment creates an

estoppel

per rem judicatam

against the filing and prosecution of other claims

on the same subject matter.