Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2021) JELR 108897 (CA)    

Court of Appeal  ·  CA/C/193/2017 ·  6 May 2021 ·  Nigeria
Mojeed Adekunle Owoade JCA James Shehu Abiriyi JCA Muhammed Lawal Shuaibu JCA

Ratio Decidendi

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of Akwa Ibom State High Court, Uyo Judicial Division, sitting at Uyo, delivered by Honourable Justice Pius P. Idiong on 11th July, 2016.

By Notice of Appointment to hear originating summons filed on 31/3/2015, the Appellant as Plaintiff prayed the Court for the determination of the following questions:

1. Whether by the combined effect of the provisions of Section 22(1) Administration of Estates Law Cap. 2, Laws of Akwa Ibom State, 2000, Section 11 of Administrator General Law Cap. 4, Laws of Akwa Ibom State 2000, and Section 14(1) of the Administrator General Law Cap. 4 Laws of Akwa Ibom State 2000, the Defendant has the right to automatically take over the administration of the estate of the deceased Late Knight Macartan Ndarake Udo Ibanga distributed under a Will without recourse to the Court while there is pending appeal in the Court of Appeal Suit No. CA/C/249/2014 arising from …

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