Madam Christiana Ugu V. Andrew Ebinni Tabi (1997)

LAWGLOBAL HUB Lead Judgment Report

M. A. BELGORE, J.S.C. 

The respondent, Andrew Ebinni Tabi, claiming to be the brother of one Patrick Bissong Tanyi, who died intestate on 12th day of April, 1971 took out a writ against the appellant and claimed as follows:

(1) “A true and full account of all monies, rents and profits received by the defendant as a result of her administering or intermeddling with the Estate of Patrick Bissong Tanyi (deceased) who died in Lagos on 12th April, 1971 intestate.

(2) Payment over to the plaintiff of what is found due to the plaintiff on the taking of such account.

(3) Possession of a piece of land together with the house therein situate lying and being at 28/44 Ijaiye Street, Layinka, Ajegunle, Apapa in the Lagos State.

(4) N10,000.00 special and general damages.

(5) Perpetual injunction restraining the defendant, her agents, privies and/or servants from further actions or trespass on the said land.”

The defendant/appellant was the only wife of Patrick Bissong Tanyi, having married under native law and custom; this much learned trial Judge found on the overwhelming evidence before him. There was no appeal against this finding and therefore it is not an issue in this Court. Patrick Tanyi (hereinafter referred to as “the deceased”), died without any issue and intestate. The plaintiff/respondent, claiming to be a brother of the deceased applied for and was granted Letters of Administration by the Probate Registrar, Lagos. The Letters of Administration read inter alia as follows:

“BE IT KNOWN that on the 24th day of August, 1971, Letters of Administration of the personal property of Patrick Bissong Tanyi, late of 44 Ijaiye Street, Ajegunle, Apapa, deceased, who died on the 12th day of April, 1971, at the General Hospital, Lagos, Intestate, and who had at the time of his death his fixed place of abode at 44 Ijaiye Street, Ajegunle within the jurisdiction of this Court, were granted by this Court to Andrew Ebinni Tabi of 44 Ijaiye Street, Ajegunle, Apapa, the brother of the said Intestate, he having been first duly sworn.

2. Money in Bank

Barclays Bank Nigeria Limited, Apapa, Saving Account

No. 353049 (Dec. 4) for 16 pounds :13:5

J. A. OJOMO

Ag. Probate Registrar.”

The words “personal property” are italicized by me for emphasis. The endorsements at the back of the Letters of Administration concern fees paid for processing in the Registry amounting to 18 pounds: 17: 7, the personal property of the Intestate being under 25 pounds :0:0. Armed with this document, the respondent took over the entire estate of the deceased including the real estate, 44 Ijaiye Street, Ajegunle, Apapa. The house at 44 Ijaiye Street belonged to the deceased; he lived there with the appellant as his wife and was his abode at his death. Before and at the deceased’91s death the appellant lived at 44 Ijaiye Street as his wife. But now, after obtaining Letters of Administration for the personal estate of the deceased, the respondent went on the property claiming the right to administer it; he let out portions to tenants without the consent or authority of the deceased’s widow, the appellant. The appellant resisted the steps being taken by the respondent.