Adepoju v Akinola

Adepoju v Akinola

The Defendant failed to prove he was divorced from his previous wife at the time of the alleged marriage to the deceased, rendering the purported marriage void under English law. Therefore, he is not the deceased’s widower and not entitled to Letters of Administration or a share in the estate on intestacy. The Claimant, though the next entitled, was found to have lied to the court and her evidence was unreliable. Due to mistrust and special circumstances, the court will appoint an independent administrator under s 116 of the Senior Courts Act 1981.

Parties
Claimant: Adejumoke Bosede Adepoju; Defendant: Oladimeji Kehinde Akinola
Jurisdiction
England and Wales
Judgment Date
07 December 2016
Procedural Posture
Probate Claim / Judgment After Trial
Outcome
Letters of Administration not granted to either party; independent administrator to be appointed under s 116 Senior Courts Act 1981.
Legal Topics
Intestacy, Validity of Foreign Marriage, Letters of Administration, Domicile, Probate Procedure
Succession Family Law Conflict of Laws Intestacy Validity of Foreign Marriage Letters of Administration Domicile Probate Procedure

Case Brief

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Parties

Adejumoke Bosede Adepoju

Claimant

Oladimeji Kehinde Akinola

Defendant

Procedural Posture

Probate Claim / Judgment After Trial

Legal Issues

  1. 1 Whether the Defendant and the deceased were validly married under Yoruba customary law and English law
  2. 2 Whether the Defendant was divorced from his previous wife at the time of the alleged marriage
  3. 3 Who is entitled to Letters of Administration for the deceased's estate

Ratio Decidendi

The Defendant failed to prove he was divorced from his previous wife at the time of the alleged marriage to the deceased, rendering the purported marriage void under English law. Therefore, he is not the deceased’s widower and not entitled to Letters of Administration or a share in the estate on intestacy. The Claimant, though the next entitled, was found to have lied to the court and her evidence was unreliable. Due to mistrust and special circumstances, the court will appoint an independent administrator under s 116 of the Senior Courts Act 1981.

Court Disposition

Letters of Administration not granted to either party; independent administrator to be appointed under s 116 Senior Courts Act 1981.

Orders

  • Directions to be given for the selection and appointment of an independent administrator.