BEN I. IHENACHO & ANOR VS UME UZOCHUKWU & ANOR
July 4, 2025OLANREWAJU V. OGUNLEYE
July 4, 2025Legalpedia Citation: (1997) Legalpedia (SC) 27573
In the Supreme Court of Nigeria
Fri Jan 31, 1997
Suit Number: SC. 209/1990
CORAM
ABUBAKAR BASHIR WALI JUSTICE, SUPREME COURT (Presided)
IDRIS LEGBO KUTIGI
ESO JUSTICE, SUPREME COURT OPUTA JUSTICE, SUPREME COURT KARIBI-WHYTE JUSTICE, SUPREME COURT AGBAJE
EMMANUEL OLAYINKA AYOOLA , JUSTICE, SUPREME COURT
PARTIES
CHIEF MEBURAMI AKINNUBIJOSEPH AKINNUBI (Administrators of the Estate of Rufus Gbadebo Akinnubi, deceased) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
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
ARGUING A GROUND OF APPEAL FOR THE FIRST TIME
If a ground of appeal is to be argued for the first time in the supreme court it must be done by leave of court
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
