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ADEMOLA KOFO VS PROBATE REGISTRAR

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ADEMOLA KOFO VS PROBATE REGISTRAR

Legalpedia Citation: (2022-04) Legalpedia 58054 (SC)

In the Supreme Court of Nigeria

Abuja

Fri May 21, 1971

Suit Number: S.C. 16/1971

CORAM


COKER JUSTICE, SUPREME COURT

MADARIKAN JUSTICE, SUPREME COURT

SOWEMIMO JUSTICE, SUPREME COURT


PARTIES


LADY KOFO ADEMOLA

MRS LANRE EJIWUMI

CHIEF ROTIMI WILLIAMS

APPELLANTS 


PROBATE REGISTRAR

RESPONDENTS 


AREA(S) OF LAW


PROBATE-ASSESMENT OF FEE-CLASSIFICATION OF ESTATE

 


SUMMARY OF FACTS

The appellants appealed against the fees assessed by the Probate Registrar in which leasehold was assessed as part of the personal property of the deceased.

 


HELD


The Court held that there is a distinction between real and personal estate and household is regarded as real property.

 


ISSUES


Whether the fees assessed by the Probate Registrar in purported compliance of the Rules of the Court allows the calculation of real and personal estate together.

 


RATIONES DECIDENDI


DESCRIPTION OF PERSONAL PROPERTY IN ADMINISTRATION OF ESTATES


(1) ”That there is a difference between what is generally described as personal property as an antithesis of real property and what for the purpose of grant administration is characterized as personal as opposed to real estate”.  Per Coker JSC

 


ASSESMENT OF FEES BY PROBATE REGISTRAR ON LEASEHOLD PROPERTY


(2)” Where the grant applied for and been made is limited to the personal estate of the deceased, it is wrong to charge fees on lease hold property, which by virtue of the applicable Statutory provisions must be regarded as part of the real state of a deceased person”.  Per Coker

 


CASES CITED


MRS LEILA ABSI V. PROBATE REGISTRAR

MRS. J.I. MACAULEY & ANOR V. PROBATE REGISTRAR

 


STATUTES REFERRED TO


HIGH COURT RULES OF LAGOS

HIGH COURT OF LAGOS ACT (Cap 80) LAWS OF THE FEDERATION SUPREME COURT OF JUDICIARY (CONSOLIDATION) ACTS 1925.

 


CLICK HERE TO READ FULL JUDGMENT

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