EMMANUEL AKOMAYE AGIM, JSC (Delivering The Leading Judgement): Hon. Justice Kita Odiete Georgeman, Judge of the High Court of Delta State, in her life time, between 12-6-2008 and 24-7-2008 applied for, obtained and utilized a loan of six million naira with interest at the rate of 18% per annum at monthly rests. Before she could complete repayment of the said loan sum, she died on 1-8-2008.
The appellants as children of the late Hon. Justice Kita Odiete Georgeman applied by a motion ex parte filed on 24-8- 2009 in the Uvwie Area Customary Court of Delta State for an order granting them "Letters/Powers of Administration of the Estate, both real and personal, of Hon. Justice Kita Odiete Georgeman (deceased)" and an order to enable them operate, manage and withdraw monies from the account of late Hon. Justice Kita Odiete Georgeman with First Bank of Nigeria PLC in which the loan sum was deposited by Hon. Justice Kita Odiete Georgeman before she died on 1-8-2008. The Uvwie Area Customary Co…