NATIONAL ELECTRIC POWER AUTHORITY VS MRS P.O. ONAH
July 4, 2025NWOKAFOR EJINDU & ORS VS OFOJAMA OBI & ORS
July 4, 2025Legalpedia Citation: (1997) Legalpedia (SC) 26613
In the Supreme Court of Nigeria
HOLDEN AT ABUJA
Thu Jan 30, 1997
Suit Number: SC.209/1990
CORAM
A.B. WALI
OLAJIDE OLATAWURA., JUSTICE, SUPREME COURT
U. MOHAMMED
PARTIES
CHIEF MEBURAMI AKINNUBIJOSEPH AKINNUBI (Administrators of the Estate of Rufus Gbadebo Akinnubi, deceased) APPELLANTS
GRACE OLANIKE AKINNUBI (MRS.) (As next friend of her five children)THE PROBATE REGISTRAROWENA BANK (NIGERIA) LTD RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
ADMINISTRATION OF ESTATES, LOCUS STANDI
SUMMARY OF FACTS
The plaintiff was the widow of the deceased. Whilst the 1st and 2nd appellants were the brothers of the deceased. The defendant brought a motion challenging the locus standi and competency of the suit which was discussed on appeal.
HELD
The court held that the appellants appeal fails and it is accordingly dismissed.
ISSUES
(1) Whether the trial court had jurisdiction to order payment of money out of the proceeds of the deceased estate (2) Whether the 1st respondent could institute the suit through the procedure adopted
RATIONES DECIDENDI
CASES CITED
(1)AILERU Vs Anibi (1952) 20 NLR 46(2) Yesufu Vs Bakare (195 NLR 45(3) Gbogbolulu of Vakpo Vs head chief Hodo (1941) 7 WACA 164(4) A.G Oyo state Vs Fairlakes Hotel LTD (1988) 5NWLR Pt 92 at(5) Bolaji Vs Akapo &ors
STATUTES REFERRED TO
Constitution of Federal Republic of NigeriaHigh Court Civil Procedure Rules, Ondo State|
