IWENOFU
V.
IWENOFU

(1975) JELR 46203 (SC)

Supreme Court · SC.194/74 · 28 Nov 1975 · Nigeria
·

Other Citations

IWENOFU v. IWENOFU (1975) 9-11 S.C. (REPRINT) 50

CORAM

ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria MAMMAN NASIR Justice of The Supreme Court of Nigeria

Core Terms ^Beta

defendant

plaintiff

house

learned trial judge

letters of administration

ajeromi district council

mrs. fani cole

estate of the deceased

probate registrar

said house

thatched roof

trial of this action

2nd d

cross-examination

fanny ilom cole

said estate

said fani cole

statement of claim

administration of abandoned properties

a. fatayi-williams

appellant collects rents

bamboo wall of an uncompleted building

death of the said owner

first point

h-h1

high court of lagos state

leading judgment

legal right

letter no. c.

loss of rents

madam fani cole

material facts

own statement of defence

own use

possession of the premises

possession of the said property

said grant

said letters of administration

said madam fani cole

sons of the plaintiff

sub-committee

trial of his action

true owner of the said house

A. FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Judgment): In paragraph 17 of his statement of claim delivered after the commencement of the proceedings in the High Court of Lagos State, the plaintiff's amended claim against the defendant, now appellant, reads:-

"(a) 750 (Seven Hundred and Fifty Pounds only) being special and general damages for

(i) defendant's act of trespass, intermeddling with the estate of the deceased;

(ii) defendant's interference with the plaintiff's administration of the estate of the deceased which defendant's acts and conduct (unlawful as they are) have caused damages and loss of rents to the said estate.

(b) Injunction restraining the defendant, his servants and/or agents perpetually, from further intermeddling or interference with the said estate of which the plaintiff alone is the lawfully appointed administrator."

Paragraphs 3, 4, 9, 10, 11, 13, 14, 15, and 16 of the plaintiff's statement of claim read:-

"3. By a grant made on the 13th day of Januar…

IWENOFU V. IWENOFU

IWENOFU
V.
IWENOFU