ANYANWOKO
V.
OKOYE

(2010) JELR 51111 (SC)    

Supreme Court  ·  SC.153/2005 ·  22 Jan 2010 ·  Nigeria
 · 
Other Citations
Anyanwoko v. Okoye (2010) 5 NWLR (Pt. 1188) 497
CORAM
GEORGE ADESOLA OGUNTADE JSC (Presided) FRANCIS FEDODE TABAI JSC (Read the Lead Judgment) JAMES OGENYI OGEBE JSC JOHN AFOLABI FABIYI JSC OLUFUNLOLA OYELOLA ADEKEYE JSC
Core Terms Beta
court
rule
originating summons
respondents
counsel
summons
plaintiffs
issues
further affidavit
learned trial judge
counter-affidavit
court of appeal
first issue
lead judgment
tabai jsc
1st defendant
1st plaintiff
lawful wife of the deceased
necessary parties
order of court
registrar of the court
second issue
summons proceedings
appellant’s brief
counsel’s further submission
due process of law
high court
provisions of order
statement of questions
4th respondents’ brief
beneficiary fails
court’s file
duty of the court officials
filing of a counter-affidavit
flagrant abuse of court process
further appeal
hearing of this suit
high court of the federal capital territory
high court of the federal capital territory abuja
honourable court
lower court
notice of preliminary objection
portions of the judgment of the court
prescribed rules of court
procedural irregularity counsel
ruling of the trial court
subject matter
submission of the learned san
various submissions
view of the questions

TABAI JSC (Delivering the Lead Judgment): This action was commenced at the High Court of the Federal Capital Territory Abuja on or about 29 July 2003 by a process described and headed as “originating summons”. The plaintiffs were the respondents at the court below and also the respondents here. The defendant was the appellant at the lower court and also the appellant before this court. In the originating summons, the respondents prayed for:

A declaration that the 1st plaintiff is the lawful wife of the deceased, having been married under the Act. An order of court vacating the caveat filed by the defendant and her solicitor at the probate registry stopping the plaintiffs from obtaining letters of administration of the deceased estate. An order granting accelerated hearing of this suit.

And for further and other orders as this honourable court may deem fit to make in the circumstances. A notice of preliminary objection dated 10 October 2003 was filed. It prayed that the suit be struck …

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