CORAM
ADEMOLA, JUSTICE SUPREME COURT
BRETT, JUSTICE SUPREME COURT
BAIRAMIAN, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
MESSRS A. YOUNAN & SONS AND 2 ORS
RESPONDENTS
AREA(S) OF LAW
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
ADMINISTRATION OF ESTATE- PARTIES TO AN ACTION – FATAL ACCIDENT ACT
SUMMARY OF FACTS
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The respondents were granted letters to administer the Estate of the deceased persons by the customary court. They sued the appellants for compensation under the Fatal Accidents Acts 1846 and 1864.
HELD
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The court held that the Fatal Accidents Acts apply in Nigeria but that the respondents were not competent to sue under the acts because the letters of administration granted them by a customary court does not empower them to administer statutory rights.
ISSUES
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
Whether the Fatal Accidents Acts 1846 and 1864 are applicable in Nigeria in view of the difficulties arising from polygamous marriages.
Whether the respondents were competent to institute this action.
RATIONES DECIDENDI
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
DUTY OF COURTS TO APPLY THE LAW; NO MATTER HOW DIFFICULT
‘To disagree that some difficulties do exist will be denying the obvious, but to hold that because some difficulties exist in the application of a law, that law does not apply, will be shirking a duty.’ Per Ademola, C.J.F
CASES CITED
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
Finnegan v, Cementation Co. Ltd. (1953) 1 ALL E.R. 1130
STATUTES REFERRED TO
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The Fatal Accident Acts, 1846
High Court Law Western Region