ARJAY LIMITED VS AIRLINE MANAGEMENT SUPPORT LTD.
June 17, 2025GOZIE OKEKE V. THE STATE
June 17, 2025Legalpedia Citation: (2003) Legalpedia (SC) 76011
In the Supreme Court of Nigeria
Fri Feb 28, 2003
Suit Number: SC.120/1997
CORAM
EMMANUEL OLAYINKA AYOOLA, JUSTICE, SUPREME COURT
PARTIES
DR. T. E. A SALUBI (AS ADMINISTRATOR OF LATE CHIEF SALUBI’S ESTATE IN BENINCITY AND SELF APPOINTED ADMINISTRATOR OF CHIEF SALUBI’S ESTATE OUTSIDE BENIN CITY) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The action to which this appeal relates concerned the estate of Chief T. E. A. Salubi (the deceased) who died intestate on 19th September, 1982 survived by his widow who he married under the then Marriage Ordinance. Upon the death intestate of the deceased, letters of administration were on 14th June, 1985 granted to his widow and the 1st defendant
HELD
Appeal succeeds
ISSUES
The main issue in this case was as to the applicable law for the distribution of the estate.
RATIONES DECIDENDI
COURT WILL NOT GRANT RELIEF NOT SOUGHT
It is trite law that the court normally should not grant a relief not sought by the parties. Where a party makes averments but such averments do not relate to any relief sought in the case, the court will not grant a relief which would have followed the averments without an amendment of the claim.
CASES CITED
Obusez V. Obusez (2001) FWLR (Part 73) 25Opeola V. Falade (1991) 2 NWLR (pt. 173) 303Ayanboye V. Balogun (1990) 5 NWLR (pt. 151) 392.?
STATUTES REFERRED TO
The Marriage Act Cap. 218 of the 1990 Laws of the Federation of Nigeria (“LFN”)The Administration of Estate Law (Cap 2 Laws of the Bendel State of Nigeria)
