HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the High Court of Kaduna State in Suit No KDH/KAD/110/2003 delivered by Honorable Justice A. A. Othman on the 12th of February, 2004. The first Respondent, as plaintiff, commenced this action against the Appellants and the second Respondent, as first to fourth defendants, in Suit No KDH/KAD/110/2003. By an Originating Summons Ex Parte dated the 24th of February, 2003 and taken out in the High Court of Kaduna State the first Respondent posed some questions for determination and then prayed for:
i. An order of the Honorable Court for the issuance of a summons and/or originating summons requiring the administrators (i.e. first to third defendants herein) of the property and estate of Alhaji Mahmud Mundi Aliyu (deceased) and the fourth defendant to attend before this court and show cause why an order for the administration of the property of the deceased should not be made.
ii…