Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(1989) JELR 45313 (CA)    

Court of Appeal  ·  CA/L/268M/88 ·  28 Feb 1989 ·  Nigeria
Other Citations
Jadesimi v. Okotie-Eboh In re Lessey (1989) 4 NWLR (Pt.113)
Jadesimi v. Okotie-Eboh, In re Lessey (1989) 4 NWLR (Pt. 113) 113
EPHRAIM OMOROSE IBUKUN AKPATA Justice of The Court of Appeal of Nigeria FRANCIS OLISA AWOGU Justice of The Court of Appeal of Nigeria UMARU ATU KALGO Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
right of appeal
4th defendants
necessary parties
such persons
3rd defendants
behalf of the plaintiff
1st defendant
8th applicant
civil procedure
harriet johnson
leave of court
lower court
notice of appeal
senior advocate
4th defendant
chambers of messrs. kehinde sofola
chief festus samuel okotie-eboh
general electric company
high court of lagos state
interested parties
learned trial judge
original application
said suit no.ld
said will
beneficiaries of the estate
b high court
civil proceedings
copy of the proposed notice
decisions of a high court
grounds of appeal exhibit
instance of a party
judgment of agora
judgment of the high court
judgment of the learned trial judge
judgment of the supreme court
last will
mrs. victoria okotie-eboh
probate registry of the high court
proposed notice of appeal
purview of section
said mr. ben okotie-eboh
such parties
suit no. ld
western state

AKPATA, JCA (Delivering the Lead Ruling): By Order 13 rule 13 of the High Court of Lagos State (Civil Procedure) Rules 1972, trustees, executors and administrators may sue and be sued on behalf of or as representing the property or estate of which they are trustees or representatives without joining any of the persons beneficially interested in the trust or estate and shall be considered as representing such persons. The core question in this appeal is whether such persons represented by trustees, executors or administrators are such parties in civil proceedings whose right of appeal can only be exercised by their representative and are not "any other person having an interest in the matter" within the purview of Section 222(a) of the 1979 Constitution who with leave of court can appeal.

Chief Festus Samuel Okotie-Eboh, (formerly known as Chief Festus Samuel Edah) died on the 15th day of January, 1966. He was said to have died intestate. His wife, Mrs. Victoria Okotie-Eboh and three …

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