M. E. OGUNDARE, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal (Lagos Division) given on 21st July 1993 whereby the Court below allowed in part the Plaintiff's appeal to it and made some consequential orders which I shall set out later in this judgment. The Plaintiffs, still dissatisfied have further appealed to this Court.
Following the death intestate of Otunba Adebayo Dejonwo on 13th November 1989, the Plaintiffs who described themselves as widow and elder brother respectively of the deceased took out an originating summons for an order
"Directing the Probate Registrar to take appropriate step or steps to enable Plaintiffs/Applicants obtain grant of Letters of Administration and proceed to administer the Estate of the above named Otunba Dejonwo (deceased)."
The Defendants herein were named as defendants to the Summons. The defendants quite expectedly, opposed the order sought by the plaintiffs. In the affidavits and counter-a…