(1986) JELR 45811 (SC)    

Supreme Court  ·  SC.16/1985 ·  25 Apr 1986 ·  Nigeria
Other Citations
Fadayomi v. Sadipe (1986) 2 NWLR (Pt.25) 736 (1986) All N.L.R 466 (1986) 4 S.C. 299
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria CHUKWUDIFU AKUNNE OPUTA Justice of The Supreme Court of Nigeria DAHUNSI OLUGBEMI COKER Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria
Core Terms Beta
probate action
necessary party
court of appeal
learned trial judge
particulars of error
present action
probate of the will
high court of lagos state
absolute right
application of order
brief of argument
circumstances of this case
civil procedure
deceased person
exercise of his discretion
general principle
general rule
inter alia
learned justice of the court of appeal
learned justices of the court of appeal
lower court
present appellant
right of action
said will
swinfen eady j.
3rd appellant
3rd plaintiff
case of matthews oates v
cause of action
chambers of chief gani fawehinmi
court strike
discretion of the court
executrixes of the will
grant of an application of this nature
interest of justice
issue of probate
lagos state high court law
none of the parties
support of the application
trial court

COKER, J.S.C (Delivering the Leading Jugdement).:-This appeal was dismissed on the 27th day of February, 1986 and, as indicated, I now give my reasons.

The Appellant, is the 3rd plaintiff in this probate action. The action was instituted in the High Court of Lagos State for the Probate of the Will of Chief Michael Modupe Sadipe, who died on the 17th July, 1979, leaving Will dated the 20th January, 1979. In the said Will, the four plaintiffs and two others, who have since renounced probate, were appointed Executors and Executrixes of the Will. The defendant is one of the widows and mother of four of the beneficiaries and surviving issues of the deceased. The question whether or not they are minors does not arise. None of the parties dispute the validity of the Will and indeed the four Plaintiffs have jointly applied for probate of the Will.

The defendant, however, filed a caveat against the issue of probate, not because she claimed to be a beneficiary or a person entitled on intestacy…

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