BOCKELMANN W. H. VS THOMPSON NWAEHI
September 3, 2025BELL-GAM GEOFFREY VS BELL-GAM GRACE
September 3, 2025Legalpedia Citation: (1965-04) Legalpedia 69077 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Thu Apr 15, 1965
Suit Number: SC 245/1964
CORAM
BRETT JUSTICE, SUPREME COURT
ONYEAMA JUSTICE, SUPREME COURT
AJEGBO JUSTICE, SUPREME COURT
PARTIES
REV. LIJADU
APPELLANTS
MRS FRANKLIN (NEE) LIJADU
RESPONDENTS
AREA(S) OF LAW
ADMINISTRATION OF ESTATE LAW
SUMMARY OF FACTS
The applicants, as administrators of the estate of the deceased, sought to be substituted for him in the appeal after his death. The deceased appellant’s Will had only been admitted to probate in the High Court of the Western Region.
HELD
The court held that the applicants must have their grant resealed in the High Court of Lagos if they wish to pursue the appeal but granted the motion subject to the condition that within four weeks they make the necessary application for the purpose.
ISSUES
Whether the applicants must reseal the probate within jurisdiction before the can act on it in substituting themselves for the appellant
RATIONES DECIDENDI
WHETHER A WILL ADMITTED TO PROBATE IN ANOTHER REGION OF NIGERIA OUGHT TO BE RESEALED IN THE HIGH COURT OF ANOTHER REGION BEFORE IT CAN BE ACTED ON
The administration of estates is a residual subject under the Constitution of the Federation, and for the purpose of the Probates (Resealing) Act, each Region of Nigeria, having a separate system of law and a separate judicature, is to be regarded as a distinct “part of the Commonwealth”, -Brett J.S.C
CASES CITED
Haas v. Atlas Assurance Company Limited (1913) 2 K.B. 209
STATUTES REFERRED TO
The Probates (Resealing) Act, Cap. 161
