ADEMOLA, C.J.N. (delivering the judgment of the court): The appellants who were the defendants in this case in the High Court of Lagos, have appealed against the order of Onyeama, J., as he then was, removing the 1st defendant from the office of trustee of the Will of J.H. Doherty (Deceased).
The application before the Court, by means of originating summons, was for an order:-
(i) to remove the 1st defendant as trustee of the Trusts of the Will of J.H. Doherty; and
(ii) that the plaintiff, Richard Ade. Doherty, be appointed Judicial Trustee for the purpose of administrating the Trust.
The learned Judge, on 8th of November, 1964, granted the order to remove the 1st defendant but refused to appoint the plaintiff a Judicial Trustee. The defendant appealed against the order of removal. On the 23rd December, 1963, on the application of some beneficiaries, two other trustees were appointed and upon motion for stay of execution, the order for removal was qualified thus:-
“The operation of the ord…