Alhaji Wahab Arije V. Mustapha Arije & Ors (2018)

LAWGLOBAL HUB Lead Judgment Report

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C.

The respondents in this appeal are some of the children of one Alhaji Garuba Arije (deceased) and beneficiaries of his estate. He died intestate on 15/3/1977. The present appellant and one Alhaji Jimoh Arije were appointed by the family of the deceased to administer his estate on behalf of his children, who were all minors at the time of his death, until at least one of them attained maturity. The Letters of Administration were duly obtained. The children of the deceased however alleged that the administrators failed to live up to their undertaking, as they did not take care of them nor educate them. They also complained that the administrators failed to render account of their administration in spite of repeated demands.

They therefore instituted an action against them along with the Probate Registrar before the High Court of Lagos State by way of Originating Summons filed on 9/7/1998. The appellant was the 2nd respondent. Affidavits and counter affidavits were exchanged between the parties. Before the hearing of the Originating summons, there was

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an effort to resolve the matter amicably. As a result of negotiations between the parties, Terms of Part Settlement were filed, adopted and made the judgment of the Court on 21/9/1999 (pages 71-73 of the record). Pursuant to the said Terms of Part Settlement, the appellant renounced his position as Administrator of the Estate. The respondents acknowledged receipt of original copies of all the title documents in respect of nine landed properties belonging to their late father hitherto in the possession of the Administrators. The properties were listed in a schedule to the Terms. The property at 13 Onayade Street, Ikorodu Road, Igbobi Lagos was a bone of contention and therefore not included in the Terms. Having regard to the controversial nature of the affidavits before the Court, pleadings were ordered, filed and subsequently amended. One of the administrators, Alhaji Jimoh Arije died and his name was struck out. The present appellant became the 1st defendant while the Probate Registrar became the 2nd defendant.

By their Amended Statement of Claim filed on 4/4/2002, the plaintiffs sought the following reliefs against the defendants:

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i) A declaration that property situate at No. 13 Onayade Street, Ikorodu Road, Lagos is owned by Alhaji Garuba Arije (deceased) to the exclusion of any person(s).

ii) A declaration that the property situate at Shifawu Street, Surulere and listed as No. 5, in the Letters of Administration belongs to the said deceased.

iii) An order of interlocutory injunction restraining the 1st Defendant from collecting rents, letting/leasing, disposing or alienating the property situate at No. 13, Onayade Street, Ikorodu Road, Lagos until final determination of this action.

iv) An order compelling the Defendants to render a comprehensive statement of account of the deceased’s estate. Such account is to be prepared by a Chartered Accountant stating income realised from the deceased’s estate since the 1st Defendant took over management and administration of same.

v) An order for possession of property situate at 13, Adebiaye Street, Yaba, Lagos.

vi) An order compelling the 1st Defendant to release all the deceased’s personal documents contained in his brief case kept by the 1st Defendant.

The 1st defendant/appellant filed a Further Amended Statement of Defence