DABIRI AND ORS VS CHIEF A. B. GBAJUMO
September 8, 2025OLAWOYIN J. S. VS COMMISSIONER OF POLICE
September 8, 2025Legalpedia Citation: (1961-09) Legalpedia 98755 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Sun Apr 9, 1961
Suit Number: SC. 91/1961
CORAM
ADEMOLA, JUSTICE SUPREME COURT
UNSWORTH , JUSTICE SUPREME COURT
BAIRAMIAN, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
E. A. AMADI
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 LAW – EXECUTOR DE-SON-TORT -EVIDENCE
SUMMARY OF FACTS
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The appellant was alleged to have intermeddled with deceased property in respect of which the respondent brought a claim. No evidence was led as to the nature or the value of the properties.
HELD
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The court held that there was no sufficient evidence upon which the appellant was found to be an executor de-son-tort and that the matter should be retried before a magistrate.
ISSUES
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
Whether the lower courts were right in finding that the appellant was executor de-son-tort liable to the sum claimed by the respondent
RATIONES DECIDENDI
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
1. MEANING OF EXECUTOR DE-SON
‘An executor de son tort is one who intermeddles with the estate of a deceased person. The slightest circumstance may make a person executor de son tort if he intermeddles with the assets in such a way as to denote an assumption of the authority or an intention to exercise the functions of an executor.’ Per Ademola C.J.F
2. LIABILITY OF AN EXECUTOR DE- SON
‘An executor de son tort is not liable for more than that portion of the deceased’s property which has come to his hands.’ 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
Peter v. Leader (1878) 47 L.J.Q.13. 573
Lowry v. Fulton (1839) 9 Sim. 115;
Yardley v. Arnold (1842) Car. & M. 434
STATUTES REFERRED TO
Not Available
