OLABODE RENNER
V.
ALBERT BABATUNDE RENNER

(1961) JELR 80388 (SC)    
Supreme Court  ·  FSC. 314/1960 ·  4 May 1961 ·  Nigeria
 · 
Other Citations
(1961) ANLR 233, (1961) LCN/0921(SC)
CORAM
BRETT, JUSTICE, SUPREME COURT UNSWORTH, JUSTICE, SUPREME COURT TAYLOR, JUSTICE, SUPREME COURT
Core Terms Beta
trustees
case
law
powers
real estate
appeal
assent
counsel
estate
learned trial judge
legal estate
administration of estates law
administration of personal estate
appellants
circumstances
duties
mr. h. i. olowu
view
19th april
best course
capacity of trustee
charges of misconduct
edition of the laws of the western region
effect of this subsection
finding of the learned trial judge
first step
following passage
formal written assent
future protection of the trust
general rule
jurisdiction of the court
land transfer act
leading judgment
learned judge
main concern
main ground of appeal
mr. h. i. olowu shows
mrs. ibidun olowu
number of other grounds of appeal
personal representatives of a deceased person
power of attorney
provisions of that subsection
removal of the second appellant
rules of law
supreme court ordinance
trustee of the estate of the late m. a. renner
united kingdom administration of estates act
vesting of property
vesting of real estate
western nigeria

UNSWORTH, FJ(reading the leading judgment)This appeal was dismissed on the 19th April, 1961, and I now give my reasons for this decision.

The appeal was from a decision of Duffus, J., in which he (1) directed an account of moneys received by the appellants as trustees, (2) directed the removal of the second appellant as a trustee of the estate of the late M. A. Renner, and (3) granted an injunction to restrain the third appellant from acting in the capacity of trustee or otherwise interfering with the estate.

The main ground of appeal argued by learned counsel for the appellants was that the learned trial Judge was wrong in dealing with the case on the basis that the respondent and the first and second appellants were trustees, because they had not (in their capacity as executors) assented to the property vesting in them as trustees.

The law relating to the vesting of real estate in Western Nigeria is now to be found in s. 40 (4) of the Administration of Estates Law (chapter 1 of the 195…

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