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.