DOHERTY AND ANOTHER VS DOHERTY
August 29, 2025THE COUNCIL OF THE UNIVERSITY OF IBADAN VS N.K. ADAMOLEJUN
August 29, 2025Legalpedia Citation: (1967-09) Legalpedia 17554 (SC)
In the Supreme Court of Nigeria
LAGOS
Fri Sep 29, 1967
Suit Number: SC.54/1965
CORAM
ADEMOLA CHIEF JUSTICE, NIGERIA
BREET JUSTICE, SUPREME COURT
COKER JUSTICE, SUPREME COURT
PARTIES
CHIEF 0.A. FABUMIYI AND ANOTHER
APPELLANTS
F.A. OBAJI AND ANOTHER (Substituted for Madam Ibilola) RESPONDENT
RESPONDENTS
AREA(S) OF LAW
APPEAL – ACTION -ADMINISTRATION OF ESTATE LAW-PARTIES
SUMMARY OF FACTS
The appellant instituted action against the defendant for trespass and injunction. The defendant died and the present respondent was substituted for her.
HELD
The court held that since the application for injunction was sought for specific acts done by the deceased defendant, injunction cannot lie against the respondent under section 15 of the Administration of Este Law.
ISSUES
Whether in the circumstances of this case injunction can lie against the respondent.
RATIONES DECIDENDI
PURPORT OF SECTION 15 (1) OF THE ADMINISTRATION OF ESTATES LAW
‘section 15 (1) of the Administration of Estates Law clearly requires that the remedy sought must be one which could properly be granted to or against the representatives whether for the benefit of the estate or as a liability against it for it to be enforceable against the representatives of the estate’. Per Coker J.S.C
CASES CITED
STATUTES REFERRED TO
The Administration of Estates Law
