Justice Aderonke Aderemi of Oyo State High Court on Thursday, by declared justice Ladiran Akintola a biological son of former Premier of the defunct Western Region, Chief Samuel Ladoke Akintola.
Aderemi, in her ruling, also held that Akintola is entitled to a share of the estate of the ex-Premier, an indigene of Ogbomoso in Oyo State.
Justice Ladiran Akintola had approached the court by filing a suit against his half siblings; Chief Abayomi Akintola and Dr. Abimbola Akintola, asking the court to declare the letter of administration used by his siblings and the one earlier given to his stepmother, Late Faderera Akintola as null and void.
Aderemi, while delivering a judgment which lasted for about three hours in the suit which had earlier been heard before Justice S.A. Akinteye and Justice N.A. Esan, held that Justice Akintola had sufficient evidence in the matter and entered judgment in his favour.
She then declared as null and void the letter of administration issued in 1968 on the estate of late S.L Akintola by the Western Nigeria High Court of Justice under Faderera Akintola and Abayomi Akintola on the ground that it was obtained by fraud and concealment of interest in a manner that is inimical and discriminatory against the plaintiff.
Aderemi further declared as null and void the letter of administration issued in October 2007 on the estate of Late S.L Akintola by the Oyo State High Court of Justice under Abayomi Akintola and Abimbola Akintola on the ground that it was obtained by fraud and concealment of interest in a manner that is inimical and discriminatory against the plaintiff.
She held that Justice Ladiran Akintola and the claimant’s six witnesses have led enough evidence to his paternity and ruled that he is the biological son of late S.L. Akintola and is therefore entitled to a share of his estate.
The judge further ordered that the two letters of administration declared null and void is immediately revoked and ordered that the Administrator General of Oyo state take up the management of the S.L Akintola estate until a fresh letter of administration that covers all the three children is issued.
Further, she mandated that the detailed account of the estate be submitted within a month of the judgment and gave an order of perpetual injunction restraining Abayomi and Abimbola Akintola from administering the estate of S.L. Akintola or undertaking any activity on behalf of the estate until the new letter of administration is issued.
In the course of the trial, the defendants had filed a Notice of Preliminary Objection asking for an order dismissing the suit on the ground of Section 17 of the Limitations Law of Oyo state, and arguing that the time prescribed by law to contest the estate of a deceased had lapsed as the case was filed 47 years after the death of their father contrary to the 10 years provided by law.
However, in determining the issue, Justice Aderemi noted that the defendants did not plead statute of limitation anywhere in their defense and held that, “defendants are not entitled to rely on facts not stated in their defense before the court. The defendants cannot be allowed to plead issues outside the ones clearly stated before the court”.
On the issue that Justice Ladiran does not have the locus standi to sue as a beneficiary in the matter of the estate, the court also ruled that he had locus standi.
The court further held that the refusal of the first defendant to testify after the defense had opened its case is tantamount to an admission of the claimant’s allegation, adding that it is wrong for the defense to withhold a proof that it had earlier said it had, even when the claimant asked for same.
