(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
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
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
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
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
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…

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