(2006) JELR 39977 (CA)    

Court of Appeal  ·  CA/E/189/2004 ·  23 Feb 2006 ·  Nigeria
Other Citations
Emodi v. Emodi (2007) 4 NWLR (Pt.1024) pg.412
Emodi v. Emodi (2007) 4 NWLR (Pt. 1024) 412
SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria JA'AFARU MIKA'ILU Justice of The Court of Appeal of Nigeria JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
brief of argument
public trustee
3rd defendants
agbalanze society
circumstances of this case
high court law
leading judgment
1st daughter
2nd defendant
appointment of receivers
background facts
better management
chief c. c. ogbo
children of the deceased
custody of any property
depositions of the 2nd defendant
estate matter
favour of the plaintiffs
interlocutory appeal
learned counsel
learned trial judge
manager of such property
manager of the estate
mistaken belief
onitsha community
order of court
order of extension of time
order of perpetual injunction
public trustee of state government
public trustee receiver
receiver of the estate
rented house
respondent chief ikenna egbunna
rules of anambra state
safe keeping
submission of the learned counsel
such appointment
such party
suit no.a

GALADIMA, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the ruling of Uzodike (J) in suit No.A/56/2004. It was in an estate matter in which the respondents had sued as plaintiffs asking for a declaration that the appellants who were sued as defendants have no lights to dabble into the estate of late Nnanyelugo Godfrey Umunna Emodi and a declaration that appellants were "Administrators de son tort." They further asked for an order of court commanding the 2nd and 3rd defendants to account to them for their illegal administration from 22nd December, 2002 and order of perpetual injunction restraining the defendants from dabbling into the administration of the estate of the said Nnanyelugo Godfrey Umunna Emodi.

Parties filed and exchanged pleadings. After close of pleadings the plaintiffs through their counsel filed a motion on notice dated 6/4/04 praying the court to appoint the Administrator-General/Public Trustee or any other fit and proper person as …

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