BADIRU WULEMOTU VS AMINATU ELETU
August 29, 2025FABUMIYI AND ANOTHER VS F. A. OBAJI AND ANOTHER
August 29, 2025Legalpedia Citation: (1967-11) Legalpedia 79839 (SC)
In the Supreme Court of Nigeria
Holden at Abuja
Wed Nov 1, 1967
Suit Number: SC 600/1965
CORAM
ADEMOLA CHIEF JUSTICE, NIGERIA
BAIRAMIAN JUSTICE, SUPREME COURT
LEWIS JUSTICE, SUPREME COURT
PARTIES
HENRY A. DOHERTY
APPELLANTS
RICHARD A. DOHERTY
RESPONDENTS
AREA(S) OF LAW
ADMINISTRATION OF ESTATE LAW- COMMENCEMENT OF ACTION – ORIGINATING SUMMONS-REMOVAL OF TRUSTEES-PRACTICE AND PROCEDURE
SUMMARY OF FACTS
The respondent filed originating summons for the removal of the appellant as trustee. There was substantial dispute over the administration of the estate of the deceased in respect of which the High Court had previously ordered the appellant to account. The respondent claimed that there was no complete account.
HELD
The court held that the respondent should have compelled the appellant by an appropriate procedure for disobedience of the order of account earlier given and that originating summons was improperly employed in view of the substantial dispute in the case.
ISSUES
Whether the respondent’s suit was competent.
RATIONES DECIDENDI
REMOVAL OF TRUSTEES
‘It is generally inadvisable, however, to employ an originating summons for hostile proceedings against a trustee, and this procedure is, of course, quite unsuitable where the facts are in dispute, as the evidence is by way of affidavit.’ Per Ademola C.J.N
CASES CITED
STATUTES REFERRED TO
