ENGINEER GOODNEWS AGBI V CHIEF AUDU OGBE
June 12, 2025GRACE JACK VS UNIVERSITY OF AGRICULTURE MAKURDI
June 12, 2025Legalpedia Citation: (2004) Legalpedia (SC) 99111
In the Supreme Court of Nigeria
Fri Jan 30, 2004
Suit Number: SC. 249/2000
CORAM
ANTHONY IKECHUKWU IGUH JUSTICE, SUPREME COURT
AKINTOLA OLUFEMI EJIWUNMI JUSTICE, SUPREME COURT
PETER-ODILI JUSTICE, SUPREME COURT
PARTIES
INTERNATIONAL MESSENGERS NIGERIA LIMITED APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant entered into the property in dispute in the estate of the deceased to develop same based on an agreement which was not consented to by all the administrators of the estate.
HELD
The court held that there was no evidence of concurrence of the Administratrix to the Agreement and therefore appellant’s entry into the premises was trespassory because the Lease Agreement was void ab initio for lack of consent.
ISSUES
Was the Court of Appeal right in holding that Exhibit D. 11 was void on the ground that there was no concurrence of all the former Administrators/Administratrix in the execution of the document having regard to the provisions of section 4(2) Cap 2 Administration of Estates law Laws of Lagos State 1973 and thereby adjudging the entry of the Defendant on the property in dispute trespassory?
RATIONES DECIDENDI
CASES CITED
Ekeogu V. Aliri (1991)3 N.W.L.R. (Pt.179) 258; Okumagba V. Egbe (1965) 1 N.M.L.R 62, African Newspaper of Nigeria Ltd & 2 ors V. The Federal Republic of Nigeria (1985) 2 N.W.L.R. (Pt.6) 137 N.B.N. Ltd V. Opeola (1994) 1 N.W.L.R. (Pt.3 19) 126
STATUTES REFERRED TO
The Administration of Estates Law Cap 2, Laws of Lagos
