ADEKUNLE ODUNSI & ORS VS ADEMOLA ODUNSI

CORAM

SOWEMIMO JUSTICE, SUPREME COURT

PARTIES

ADEKUNLE ODUNSI

APPELLANTS

MRS. ADEYOSOLA OSHINOWO(NEE ODUNSI)

ADENIKE ODUNSI

ADEMOLA ODUNSI

RESPONDENTS

AREA(S) OF LAW

ADMINISTRATION OF AN ESTATE

SUMMARY OF FACTS

This matter came before the Supreme Court as an application for leave to appeal under the Constitution. At the time when the applications were filed in the High Court of Lagos State and also when they were being dealt with in the Federal Court of Appeal there had been an earlier judgment of the High Court, setting aside the will of the late Adeola Odunsi and therefore creating an intestacy. Although an appeal was pending against that judgment it was on the basis that the deceased died intestate that the instant action was originally filed in the High Court and later came on to the Federal Court of Appeal. The Supreme Court decided to grant the application for leave to appeal and treated the matter as an appeal against that part of the ruling of the Federal Court of Appeal granting stay of execution.

HELD

The appeal was allowed. The judgment of the Federal Court of Appeal was set aside.

ISSUES

The Court of Appeal was wrong to abate the Order appointing the Chief Registrar to administer the estate of Adeola Odunsi (deceased) pending the hearing of the substantive suit.

Transferring the hearing of the substantive action itself, which was then pending before Gomez J., to another judge on the ground of bias or likelihood of bias.

RATIONES DECIDENDI

ORDER OF MANDAMUS

“If the law enjoins a duty to be performed by an officer and that officer neglects to carry out such a duty, then an aggrieved person has a right to seek for an order of mandamus to compel that officer to carry out such duty.” Per G. S. SOWEMIMO, JSC.