CRUSADER INSURANCE CO (NIG) LTD VS EPHRAIM ANUNIKE
August 9, 2025T.A.A. AWOSANYA VS BOARD OF CUSTOMS & EXCISE
August 9, 2025Legalpedia Citation: (1975) Legalpedia (SC) 00012
In the Supreme Court of Nigeria
Fri Mar 21, 1975
Suit Number: SC. 114/1974
CORAM
S. O. UWAIFO, JUSTICE, SUPREME COURT
GEORGE B.A. COKERNJUSTICE, SUPREME COURT
ATANDA FATAYI-WILLIAMS JUSTICE, SUPREME COURT
SHITTU ADE FASHOLA
FATAYI- WILLIAMS, JUSTICE, SUPREME COURT
PARTIES
ABDUL KARIMU LEMOMUALHAJI SHITTU ADE FASHOLAAIRATU AGBAJE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiffs claimed against the defendants in the Trial Court that the Will of the deceased be established and pronounced good and valid and that they be granted probate of the said Will. The defendants averred that the plaintiffs were complete strangers to and meddlers in the affairs of the family of Alli-Balogun and denied that the first and second plaintiffs were ever appointed executors of the Will of the deceased. They also contended that the testator was of unsound disposing mind at the time the said will was made for lack of proper testamentary capacity.
HELD
The Supreme Court held that the trial Court erroneously held that the testatrix was of unsound disposing mind at the time the said Will was made as the defendants failed to prove so.
ISSUES
Whether the deceased was of sound mind or not at the time she made the Will
RATIONES DECIDENDI
CRITERIAS TO BE CONSIDERED BEFORE GRANTING PROBATE
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PURPOSE OF PLEADINGS
“This court has repeated it on many occasions that the whole purpose of ordering pleadings before the hearing of a case in the High Court is that parties should know in detail the case which they are going to meet and that they should not be taken by surprise.” Per FATAYI-WILLIAMS, JSC
CASES CITED
Emegokwe v. Okadigbo (1973) 4 S.C. 113
STATUTES REFERRED TO
