EMMANUEL EKWUNO AND 18 ORS VS IFEJIKA AND ANOR
September 10, 2025CHIEF F.M. IKOMI VS C. E. COLE
September 10, 2025Legalpedia Citation: (1960-06) Legalpedia 39700 (SC)
In the Supreme Court of Nigeria
HOLDEN AT LAGOS
Fri Jun 10, 1960
Suit Number: SC 315/1960
CORAM
ABOTT, JUSTICE SUPREME COURT
MBANEFO, JUSTICE SUPREME COURT
BRETT, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
1. CHRISTIANA AJOKE OGEDENGBE
2. BENJAMIN KAYODE OGUNRO
RESPONDENTS
AREA(S) OF LAW
ADMINISTRATION OF ESTATE – CONFLICT OF LAWS -PROOF OF FOREIGN LAW
SUMMARY OF FACTS
The administrators of the estate of the deceased filed a summons for directions as to the persons entitled to the estate of the deceased which included properties both in Nigeria and Ghana. The trial judge made an order that the beneficiaries be given the properties.
HELD
The court held that trial Judge’s order that the beneficiaries should be given certain properties is inappropriate in relation to the Ghana property, and that it should be replaced by a declaration as to the entitlement of the beneficiaries.
ISSUES
Whether the lower court had jurisdiction to order that that the beneficiaries of the deceased be given properties in Ghana.
RATIONES DECIDENDI
PROOF OF FOREIGN LAW
‘The onus of proving foreign law lies on the party who asserts that it is different from Nigerian law.’ Per Hubbard Ag F.J
ADMINISTRATION OF ESTATES COMPRISING OF ASSETS IN NIGERIA AND ELSEWHERE.
‘Where the Court has jurisdiction to administer an estate or a trust, and the property includes movables or immovables situate in England and immovables situate abroad, the Court has jurisdiction to determine questions of title to the foreign immovables for the purpose of the administration.’ Per Hubbard Ag F.J
CASES CITED
1. Re Moses (1908) 2 Ch. 235
2. Howe v. Earl of Dartmouth (1802) 7 Ves.137a
3. Re Duke of Wellington (1947) Ch. 506
STATUTES REFERRED TO
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
