Supreme Court · SC.9/1990 · 24 Jul 1992 · Nigeria
·
Other Citations
SCER/SC.9/1990
CORAM
MUHAMMADU LAWAL UWAIS..... Justice, Supreme Court
ADOLPHUS GODWIN KARIBI-WHYTE..... Justice, Supreme Court
SAIDU KAWU..... Justice, Supreme Court
ABUBAKAR BASHIR WALI..... Justice, Supreme Court
UCHE OMO..... Justice, Supreme Court
MICHAEL EKUNDAYO OGUNDARE..... Justice, Supreme Court
SHEHU USMAN MOHAMMED..... Justice, Supreme Court
Core Terms Beta
defendant
family property
court of appeal
apagun market
learned justices of the court of appeal
learned trial chief judge
family house
comprehensive administration account
powers of the defendant
senior advocate
trustees of the will
breach of trust
chief williams
mr. akanni osho sodipo
statement of claim
sufficient interest
trustee of the estate
interested leave
interested party
judicial trustees
oral argument
order of the court of appeal
particulars of misdirection
appeal of the defendant
beneficiaries of the estate of isaac ademoye sodipodeceased
beneficiary of the property
conclusion of trial
consent of the defendant
considered judgment
cross-appeal of the plaintiffs
decision of the court of appeal
executor of the estate of isaac ademoye sodipo
father of the plaintiffs
high court
itsekiri communal land trustees
judgment of the learned trial chief judge
judgment of the trial court
lead judgment
quantum of evidence
reconstruction of the plaintiffs
respect of the interlocutory decision of the court
result of the demolition of the family house
said family property
son of the deceased testator
son of the testator
subject matter of this suit
trustee of the said estate
various acts
various parts of the judgment of the court
M. E. OGUNDARE, J.S.C. (Delivering the Lead Judgment):
By paragraph 27 of their further amended Statement of Claim the plaintiffs who sued in their individual capacities as beneficiaries of the Estate of Isaac Ademoye Sodipodeceased, claimed from the defendant, the Executor and Trustee of the said Estate
"(1) A declaration that the continuing demolition and or reconstruction of the plaintiffs' family house at Apagun Market, Ikereku, Abeokuta in the Abeokuta Judicial Division under the authority direction and with the consent of the defendant is ultra vires the powers of the defendant as the Executor of the Estate of Isaac Ademoye Sodipo (deceased) the father of the plaintiffs and therefore illegal and void.
(2) A perpetual injunction restraining the defendant, his servants, agents, privies, or other representatives however called from taking any step in further demolishing and or reconstructing the plaintiffs' family property at Apagun Market Ikereku, Abeokuta aforesaid.
(3) An order r…
