Abimbola Dejonwo & Anor Vs Bidemi Dejonwo & Ors (2000)

LAWGLOBAL HUB Lead Judgment Report

M.E. OGUNDARE, JSC 

This is an appeal against the decision of the Court of Appeal (Lagos Judicial Division) given on 21st July 1993 whereby the Court below allowed in part the Plaintiff’s appeal to it and made some consequential orders which I shall set out later in this judgment. The Plaintiffs, still dissatisfied have further appealed to this Court.

Following the death intestate of Otunba Adebayo Dejonwo on 13th November 1989, the Plaintiffs who described themselves as widow and elder brother respectively of the deceased took out an originating summons for an order

‘Directing the Probate Registrar to take appropriate step or steps to enable Plaintiffs/Applicants obtain grant of Letters of Administration and proceed to administer the Estate of the above named Otunba Dejonwo (deceased).’

The Defendants herein were named as Defendants to the Summons. The defendant quite expectedly, opposed the order sought by the plaintiffs. In the affidavits and counter-affidavits placed before the trial Court, it was disclosed:

(i) that the deceased died survived by eight children born of eight different mothers;

(ii) that the 1st and 2nd defendants are two of these eight children;

(iii) that the 1st Plaintiff is the mother of Abayomi Dejonwo, one of the eight children

(iv) that at all times relevant to these proceedings, Abayomi Dejonwo was a minor:

(v) that the 1st Plaintiff was lawfully married to the deceased on 26th October 1977 but the marriage, following divorce petitions filed by both parties, was dissolved by decree nisi on 16th May 1986.

(vi) that of the eight children surviving the deceased only Bidemi Dejonwo and Tokunbo Dejonwo who are 1st and 2nd defendants respectively in these proceedings were adults at the commencement of these proceedings in the High Court.

The learned trial judge after a consideration of all the facts placed before him in the affidavits and counter-affidavits sworn to by the parties, dismissed the originating summons. Being dissatisfied with the dismissal the plaintiffs appealed to the Court of Appeal. That Court after a consideration of the argument advanced by both parties allowed the appeal in part. The Court affirmed the findings of the trial court that the 1st plaintiff was not a widow of the deceased, her marriage to the deceased having come to an end before the death of the deceased. This finding notwithstanding, the Court below held that the 1st plaintiff as the mother of Abayomi Dejonwo who was a minor at the time of the proceedings was entitled to be granted letter of administration in respect of the estate of the deceased in order to protect the interest of her child. The Court also found that the 2nd plaintiff as an elder brother was equally entitled to be granted letters of administration. The Court however found also that these two were not the only ones entitled to letters of administration but that the 1st and 2nd defendants being adult children of the deceased were equally entitled to letters of administration in respect of the estate of the deceased. Consequently the Court set aside the decision of the trial High Court dismissing the originating summons and in its stead made the following declarations and order.

‘(1) The 1st and 2nd Appellants are entitled to the grant of letters of administration in respect of the estate of the deceased Otunba Adebayo Dejonwo, but they are not the only persons so entitled;

(2) The 1st and 2nd Respondents who are 2 of the other 7 children of the deceased are also entitled to the grant representing the interest of all the 7 of them;