ADEMOLA & ORS
V.
PROBATE REGISTRAR

(1971) JELR 45956 (SC)    

Supreme Court  ·  SC.16/1971 ·  21 May 1971 ·  Nigeria
 · 
Other Citations
Ademola, Ejiwunmi, Williams v. Probate Registrar (1971) ANLR 157
CORAM
GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria CHARLES OLUSOJI MADARIKAN Justice of The Supreme Court of Nigeria
Core Terms Beta
probate registrar
real estate
appellants
personal property
court
personal estate
high court of lagos
rules
probate
grant of probate
high court rules
personal properties of the deceased
deceased person
english court
grant of administration
high court
learned trial judge
real property
second schedule
applicable rules of court
application of customary law
common form
estate fees
general classification
grant covering
high court of lagos act cap
implications of the provisions of order
j.s.c
judgment of the learned trial judge
laws of the federation
leading judgment
leasehold interest
payment of some fees
personal estate of a deceased person
personal representatives
present appeal
probate matter
properties of the deceased
provisions of order
purposes of assessment
real properties
reserved judgment
respect of a trust estate
respect of the leasehold property of a person
respect of the real estate of a deceased person
rules of the high court of lagos
section states
substance of the argument
virtue of section
virtue of the provisions of section

COKER, J.S.C (Delivering the Leading Judgment): The appellants had appealed to the High Court of Lagos for probate in common form of the will of Chief Oladipo Moore (deceased). The rules governing the grant of probate by the court prescribe and thus require the payment of some fees which are described in the schedule to the applicable rules of court. In purported compliance with that rule the probate registrar assessed the appellants to pay fees calculated as required by the rules on the personal and real properties left by the deceased. One of the properties of the deceased was a building on land situate at and known as No. 84 Raymond Njoku Street, South West Ikoyi in Lagos, which the deceased had held as a lessee for a term of years which had not expired at the time of his death. The probate registrar took the view that this property in which the deceased had a leasehold interest should be regarded for purposes of assessment as personal property and so liable to duty by assessment. …

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