(2006) JELR 49273 (CA)    

Court of Appeal  ·  CA/L/332/04 ·  15 Feb 2006 ·  Nigeria
Other Citations
Williams v. Ogundipe (2006) 11 NWLR (Pt. 990) 157
KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria CLARA BATA OGUNBIYI Justice of The Court of Appeal of Nigeria
Core Terms Beta
2nd respondent
statement of claim
lower court
2nd appellant
1st respondent
2nd respondents
learned trial judge
letters of administration
3rd respondent
counter affidavit
said issue
administration of estates law
statutory provisions
1st appellant
3rd respondents
categories of persons
estate of the late kenneth gigi williams
high court of lagos state
issue of the unfitness of the 1st respondent
laws of lagos state
respect of incomes
ruling of the lower court
administration of the estate of a deceased person
administration of the estate of gigi
basis of an application
case of olowolaramo v
children of the deceased person
contention of a partial intestacy
elder brother of the full blood of the deceased
family counsel
irrelevant materials
legal effect
lower court judge
material times solicitor
necessary forms
particular paragraphs
points of law
respect of the estate
said applicants
said application
set aside
statements of facts
submissions of the learned counsel

OGUNBIYI, J.C.A. (Delivering the Leading Judgment): The appellants commenced proceedings leading to this appeal herein on April 25, 2003 claiming inter alia, a declaration that the letters of Administration (without will) of the Estate of the late Kenneth Gigi Williams dated October, 28, 2002, was obtained by the 1st and 2nd respondents from the 3rd respondent on the basis of an application containing outright falsehoods, material concealment and non disclosures and an order setting aside the grant.

On November 13, 2003 the 2nd respondent filed an application for an order dismissing the appellants' claim on the ground that they have no locus standi to maintain any of the reliefs sought by them.

The said application was argued by counsel to the 2nd respondent on March 30, 2004 while the counsel to the appellants replied on April 4, 2004. On April 26, 2004 counsel to the 2nd respondent replied on points of law and the learned trial Judge delivered its ruling there and then, upholding …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login