Remilekun Olaiya Vs Mrs. Cornelia T. Olaiya (2002)

LAWGLOBAL HUB Lead Judgment Report

O. EJIWUNMI, J.S.C.

This appeal stems from the judgment of the court below. The case itself commenced at the trial court with the plaintiff/respondent who by paragraph 20 of her statement of claim sought for the following reliefs from the trial court.

They read as follows:-

“A. A declaration that the plaintiff along with the children of Solomon Kayode Olaiya (deceased) viz

(i) Emmanuel O. Olaiya

(ii) Sarah O. Olaiya

(iii) Remilekun Olaiya

are the exclusive beneficiaries of the estate of the said Solomon Kayode Olaiya (deceased) who died intestate on 24th February, 1981.

B. A declaration that the defendants do not have any beneficial interest in the estate of the aforesaid deceased and their management and control of same amounts to intermeddling with the said estate.

C. An order of perpetual injunction restraining the defendants, their agents and/or privies from further intermeddling or interfering in the estate of Solomon Kayode Olaiya (deceased) both real and personal.

D. An order directing the defendants to render a full and comprehensive account of their intermeddling with the aforesaid estate and to pay over to the beneficiaries all monies constituting accrued income arising therefrom.”

With pleadings filed and exchanged and pursuant to the summons for directions filed by the solicitors for the plaintiff, the matter was set down for trial. The plaintiff thereafter gave evidence in support of her claims. The defendants also gave evidence and for both parties various documents were tendered and admitted as exhibits. At the end of the trial, learned counsel for the parties addressed the court. The trial court thereafter delivered a considered judgment. In the course of the judgment, the learned trial Judge held with regard to the first relief claimed by the plaintiff thus:

“The first is the claim for a declaration that the plaintiff along with the children of Solomon Kayode Olaiya (deceased) viz

(i) Emmanuel O. Olaiya