Folarin Rotimi Abiola Williams V. Chief Oladipupo Akanni Olumuyiwa Williams & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment)

This appeal is against the Ruling of the High Court of Lagos State Probate Division delivered by Hon. Justice J.O.K. Oyewole on the 31st day of January, 2012 wherein the appellant’s application for stay of proceedings was dismissed.

The 1st and 2nd Respondents in this appeal had as claimants in the lower court commenced this suit through a writ of Summons and Statement of Claim dated and filed on the 24th January 2011, against the Appellant and the 3rd Respondent, seeking the following reliefs:

1. An Order of the Court vacating the caveat entered on the 21st day of December, 2009 by the Defendants on the estate of the deceased.
2. An order of the court for the grant of Letters of Administration (with Will annexed) of the deceased’s estate to the 1st and 2nd Claimants as Administrators of the estate and the only beneficiaries under the will as recognized by the testator.
3. An Order of the Court compelling the Defendants to produce in Court a comprehensive general account of all the assets of the deceased including real property, goods, stocks and moneys in banks accounts within and outside Nigeria, operated by the deceased in his individual capacity, jointly with any other party and as a separate entity of which the deceased was an officer as well as an account of the personal estate of the deceased.
4. An Order that the Defendants should pay cost of this action
5. A Declaration of the court establishing the Will dated 22nd day of June, 1954 in solemn form of law.
6. A Declaration of this court that no valid legal vesting deed nor valid legal instrument nor any valid legal deed of gift/trust duly registered was executed by the deceased inter vivos in favour of any person, save and except as contained in the said holographic Will.
7. A Declaration of this court that the Defendants have no locus standing to enter a caveat on the estate of the deceased.

Upon being served with the processes, the Appellant and the 3rd Respondent filed an application via a motion on notice dated 24-5-2011, wherein they sought for the following reliefs from the lower court:

i. An order staying all further proceedings in this suit in favour of arbitration under the Arbitration and Conciliation Act 1990.

ii. An order mandating and/or directing the petitioner herein to forwith take all necessary procedural and legal steps to commence arbitration proceedings under the Arbitration Conciliation Act 1990.

The grounds for the application are that:

(1) The totality of the claims set forth in the claimants’ statement of claim and the underlying facts in support thereof relate or stem from the administration of the Estate of Chief Frederick Rotimi Alade Williams (deceased).

(2) The claimants and the defendants entered into an agreement dated 23 November, 2005 in respect of all the issues pertaining to the Estate of Chief Frederick Rotimi Alade Williams (deceased)

(3) The said agreement in terms by clause 19 provides as follows:

“All disputes under this agreement shall be settled amicably failing which they shall be settled by a sole arbitrator appointed by all the parties under the arbitration and conciliation Act 1990 Cop 19, Laws of Federal Republic of Nigeria. In the absence of concurrence by the parties on a sole arbitrator, the sole arbitrator shall be appointed by the Chief Judge of Lagos State.”

(4) The Federal High Court has ruled that the 1st claimant should proceed to arbitration in matters pertaining to the Estate of Chief Rotimi Williams.

Briefly put, the facts that led to this unfortunate legal battle is that, following the death of Chief FRA Williams SAN, CFR, CON, on the 26th of March, 2005, there was a general acceptance among the children that their father revoked every testamentary disposition made by him before his death. However, some differences arose among his children particularly the parties in this appeal who are now the gladiators in the protracted battle for the estate of the late Chief F.R.A. Williams SAN, CFR, CON.

Several meetings were held by the parties towards resolving their differences and after the three months of protracted mediation chaired by the late Honorable Justice Kayode Eso (JSC), settlement was reached and all the parties herein entered into a family agreement dated 25th November, 2005. It was signed by all the parties in this appeal and witnessed by late Justice Kayode Eso (JSC) and one Abimbola Williams.