(2003) JELR 44894 (CA)    

Court of Appeal  ·  CA/IL/4/2002 ·  18 Mar 2003 ·  Nigeria
Other Citations
Ayorinde v. Ayorinde [2004] 13 NWLR (Pt.889)83
Ayorinde v. Ayorinde (2004) 13 NWLR (Pt. 889) 83
PATRICK IBE AMAIZU Justice of The Court of Appeal of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Court of Appeal of Nigeria JA'AFARU MIKA'ILU Justice of The Court of Appeal of Nigeria
Core Terms Beta
4th respondents
abuse of court process
learned trial judge
letters of administration
order of court
lower court
trial court
storey building
application of the appellant
facts of the case
properties of ajibike memorial nursery
subject matter of the suit
supreme court
court processes
following reliefs
institution of the action
inter alia
late major saka adekunle ayorinde
proper parties
suit no. kws
1st respondent
4th respondent
control of the real estate of a deceased person
court of law none of the parties
decision of the lower court
earlier decision
favour of a person vests power
following facts
grant of letters of administration
interest of the appellant
judicial process
laws of kwara state of nigeria
letter of administration issues
new 2nd
original 2nd
own properties
previous decision
principle of lis pendens
review of a prior decision
ruling of the kwara state high court of justice
said letters of administration
such powers
trial processes
view of the claims of the appellant
wives of major saka adekunle ayorinde

WALTER SAMUEL NKANU ONNOGHEN, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Kwara State High Court of Justice in suit No. KWS/129/98 delivered by Hon. Justice A.A.Adebara on the 5th day of April, 2001 in which he struck out an application of the appellant on the grounds, inter alia:

"that it is an abuse of court process and that the appellant cannot approbate and reprobate."

The facts of the case, as can be gathered from the record are that the appellant was one of the wives of Major Saka Adekunle Ayorinde (deceased) who died intestate. Before his death, the deceased is alleged to own properties including one storey building at 12 Peter Tokula Street, G.R.A. Ilorin and the premises and properties of Ajibike Memorial Nursery/Primary School along Airport Road, Ilorin. During his lifetime the deceased co-habited with the appellant in the one storey building while the appellant was responsible for managing the Nursery/Primary School.

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