CORAM

IGNATIUS CHUKWUDI PATS JUSTICE, COURT OF APPEAL

BIOBELE ABRAHAM GEORGEWILL

IGNATIUS CHUKWUDI PATS JUSTICE, COURT OF APPEAL

BIOBELE ABRAHAM GEORGEWILL

PARTIES

1. PETER OLASENI ADENIYI THOMAS2. MILES OLADIPUPO ADEKOYEJO THOMAS             3. ALICE ROSETTA OLUBUNMI THOMAS        APPELLANTS

JULIANA EJARO EDEWOR THOMAS     RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Appellants are the sons and widow of the late Peter John Claudius Adeniyi Thomas who died intestate on 2nd November 2009. Upon is death the 1st and 2nd Appellants applied to the Probate Registrar of the High Court of Lagos State for the grant of Letters of Administration. The Respondent, who claimed to be the second wife of the Deceased, filed a notice to prohibit the grant and a caveat to the application for the grant of Letters of Administration. Upon this caveat, the Appellant instituted an action at the High Court of Lagos State by an Originating Summons. Upon being served with the Originating Summons, the Respondent filed a Counter Affidavit and a Counter-Originating Summons. The lower Court after hearing the parties delivered its ruling, wherein it dismissed the Respondent’s Counter Originating Summons for being incompetent and made an order converting the Appellants Originating summons to a Writ of Summons and with an order for pleadings to be filed and exchanged.  Dissatisfied with the ruling the Appellants have appealed to the Court of Appeal.

HELD

Appeal Dismissed

ISSUES

?    “Whether the lower court rightly held that Originating Summons was not the proper procedure in the circumstances of this matter.”

RATIONES DECIDENDI

CASES CITED

STATUTES REFERRED TO

High Court of Lagos State (Civil Procedure) Rules, 2004

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