UBOCHI IROMANTU VS THE STATE
September 4, 2025COMMISSIONER OF POLICE VS CHRISTAIN OKOYEN
September 4, 2025Legalpedia Citation: (1964-10) Legalpedia 55563 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Fri Oct 16, 1964
Suit Number: SC 330/1963
CORAM
BRETT, JUSTICE, SUPREME COURT
COKER, JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
BRETT JUSTICE, SUPREME COURT
COKER JUSTICE, SUPREME COURT
IDIGBE JUSTICE, SUPREME COURT
PARTIES
1. PAUL COURE 2. THERESA ABOUD APPELLANTS
THE PROBATE REGISTRAR, LAGOS
RESPONDENTS
AREA(S) OF LAW
FEES ON GRANT OF LETTER OF ADMINISTRATION
SUMMARY OF FACTS
The contention of the appellants was that the fees payable on the grant of Letters of Administration by an applicant should be assessed on what may be described as the net value of the personal property of a deceased person was rejected by the High Court, and against this decision they appealed to the Supreme Court.
HELD
The appeal was dismissed with costs assessed at twelve guineas.
ISSUES
Whether the fees payable on the grant of Letters of Administration by an applicant should be assessed by the Respondent on the gross value of the personal property of a deceased person or on the value of such property less debts due from the deceased to third parties, at the time of his death.
RATIONES DECIDENDI
ASSESMENT OF FEES PAYABLE ON THE GRANT OF LETTERS OF ADMINISTRATION
“The provisions of the rule under consideration are quite clear, and they relate to fees payable in respect of the value of the property affected by the grant of Letters of Administration. Such a grant clearly affects the gross value, not the net value, of the personal property of a deceased person; and the only allowances made are set out in the proviso to rule 11 of Order 48 of the Supreme Court Rules” Per IDIGBE, J.S.C.
ASSESMENT OF FEES PAYABLE ON THE GRANT OF LETTERS OF ADMINISTRATION
“The provisions of the rule under consideration are quite clear, and they relate to fees payable in respect of the value of the property affected by the grant of Letters of Administration. Such a grant clearly affects the gross value, not the net value, of the personal property of a deceased person; and the only allowances made are set out in the proviso to rule 11 of Order 48 of the Supreme Court Rules” Per IDIGBE, J.S.C.
CASES CITED
STATUTES REFERRED TO
The Supreme Court (Civil Procedure) Rules
