Mrs Cecilia Arewa V. Alhaja Toyin Olanrewaju & Ors (2007)

LawGlobal-Hub Lead Judgment Report

M. D. MUHAMMAD, J. C. A.

The Appellant commenced Suit NO. 1/582/2001 against the Respondents at the Oyo State High Court by way of an originating Summons seeking the following relies :-

“(I) A determination as to whether the marriage celebrated between the Plaintiff and Samuel Olufemi Arewa (Deceased) was legal, valid and subsisting at the death of/the deceased. If the answer to (1) is Yes!

(2) A determination as to whether the Plaintiffs is:-

(a) entitled to administer the Estate of the deceased in priority; jointly with any children of the deceased.

(b) A Beneficiary of the Estate of the Deceased and to what extent. If the answer to (2) is yes:-

(3) A determination as to whether the 2nd Respondent has any rights of administration or succession concerning the Estate of the Deceased.

If the answer to (1) and (2) is Yes and (3) is No, the Plaintiff prays for the following Order:

(4) That the 2nd Defendant be restrained by injunction from intermeddling with the Estate of the Deceased.

(5) And the 3rd Defendant is enjoined to the grant letters of Administration of the Estate of the Deceased to the Plaintiff along with the 1st Defendant and Mrs. Sola Ilori, another child of the Deceased.

(6) that the 1st Defendant do render accounts of all sums that have been received by her from the assets comprised in the Estate and pay same over to the Joint Administrator “.

An eight paragraph affidavit with two annexure exhibits SAI and Exhibit SA2 supported Writ. Ex SAl is Applicant’s Marriage Certificate to the Deceased, while Ex SA2 is the Deceased’s Death Certificate.

Mrs. Omolola Arewa in opposing the writ had a seven paragraph counter-affidavit deposed to on her behalf by one Kolawole Yusuf a Litigation Manager with Messrs Tunde Shonibare & Co. Lagos.

The lower court at page 20-21 of the record, in its ruling dated 28th November 2001 decided as follows:-