(2022) JELR 109163 (CA)    
Court of Appeal  ·  CA/L/690/2013 ·  19 Jan 2022 ·  Nigeria
Obande Festus Ogbuinya, JCA Muhammad Ibrahim Sirajo, JCA Adebukunola Adeoti Ibironke Banjoko, JCA
Core Terms Beta
4th respondents
7th respondent
lower court
adejonwo street
locus standi
1st-4th respondents
counter-claim of the 7th respondent
judgment of the lower court
legal capacity
vesting of the property
grounds of appeal
set of respondents
1st defendant
legal interest
notice of appeal
notices of preliminary objection
samuel oladipo onanubi
vesting assent of the executors of the will
1st-4th claimants
6th respondents
high court of lagos state
judgment sum
main appeal
notice of preliminary objection
1st june
5th respondent
7th appellant’s issues
administration of the estate
appellant’s reply amended brief
application of the 1st defendant
auction laws of lagos state
briefs of argument
claimants’ property
deed of tripartite mortgage
devised property
last will
late samuel oladipo onanubi
leading judgment
learned trial judge
material time
order of the lower court
personal representative of a deceased person
rightful owners of the property
sale of the property
virtue of the last will of their deceased father

MUHAMMAD IBRAHIM SIRAJO, J.C.A. (Delivering the Leading Judgment): The 1st-4th Respondents, as Claimants, commenced an action before the High Court of Lagos State by way of Writ of Summons dated and sealed on 1st June, 2007, against the Appellant and the 7th Respondent as Defendants. The 5th and 6th Claimants/Respondents were joined on the application of the 1st Defendant, now Appellant by an order of the lower Court made on 06/03/2009. By their Amended Statement of Claim dated 14/01/2010, the 1st – 4th Respondents claimed the following reliefs:

i. A Declaration that the claimants are the true and rightful owners of the property at No. 9, Adejonwo Street, Mende, Maryland, Lagos by virtue of the last will of their deceased father dated 14th December, 1991 and the probate letter dated 8th of December, 1994.

ii. An Order setting aside purported sale of the property at No. 9, Adejonwo Street, Mende, Maryland to the 2nd Defendant by the 1st Defendant.

iii. A Declaration that the exercise of p…

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