ESTHER A. OSHO & ORS VS GABRIEL A. PHILLIPS & ORS
August 22, 2025ADELAKUN AYINDE & ORS VS THE STATE
August 22, 2025Legalpedia Citation: (1972) Legalpedia (SC) 12083
In the Supreme Court of Nigeria
Thu Mar 30, 1972
Suit Number: SC.83/69
CORAM
LEWIS JUSTICE, SUPREME COURT
MADARIKAN JUSTICE, SUPREME COURT
SOWEMIMO JUSTICE, SUPREME COURT
PARTIES
KAFENE JEDDO (M)ROBERT JEDDO (M) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Plaintiff claims against the defendants possession of the piece or parcel of land known and described as Egodo Uruetsone (Uruetsones Compound) at Ukpokiti Quarters, Agbassa, Warri and an injunction restraining the defendants.
HELD
It was held that the doctrine of relation back does not apply because plaintiff claimed in her writ as next of kin of the deceased.
ISSUES
Whether the doctrine of relation back applies?
RATIONES DECIDENDI
IMPORTANCE OF LETTER OF ADMINISTRATION
Letters of administration must issue before the commencement of legal proceedings by an administrator; for he has no right of action until he has obtained them, and even if he obtains a grant afterwards, it does not relate back- Sir Ian Lewis, JSC
CASES CITED
Bowler v. John Mowlem & Co. (1954) 1 WLR 1445
Finnegan v. Cementation Co. Ltd. (1953) 1 QB 688
Hilton v. Sutton Steam Laundry
In the Goods of Pryse (1904) p. 301 at 305)
Stebbings v. Holst & Co., Ltd. (1953) WLR
STATUTES REFERRED TO
Administration of Estates Law (Cap. 1 of the Laws of the Western Region of Nigeria, 1959)
Law Reform (Miscellaneous Provisions) Act, 1934
The English Supreme Court in the 1970 Annual Practice
The Fatal Accidents Acts and the Law Reform (Miscellanous Provisions) Act, 1934
