Mustapha Arije Ors V. Alhaji W. Arije & Anor (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

REGINA OBIAGELI NWODO J.C.A. (Delivering the Leading Judgment)

The Plaintiffs commenced an action in the High Court of Lagos State against the Respondents by Originating Summons filed on 9/7/98 seeking four reliefs which reads as follows:

“(1) AN ORDER removing the 1st and 2nd Respondents as Administrators of the Estate of ALHAJI GARUBA ARIJE (DECEASED) and replacing them with the Applicants who are some of the beneficiaries of the deceased estate in respect of LETTERS OF ADMINISTRATION (PHC, 10,025) granted on the 9th day of July, 1977.

(2) AN ORDER directing the 1st and 2nd Respondents to release forthwith to the Applicants all deeds, conveyances, deed of assignment, title deeds and all their documents relating to the real estate of the said ALHAJI GARUBA ARIJE (DECEASED) which are in the custody of the 1st and 2nd Respondents.

(3) AN ORDER directing the 1st and 2nd Respondents to render accounts of all the money received by them in respect of the real Estate of the said deceased since the Letter of Administration were granted to them on the 29th day of July, 1977.

(4) AND for such further or other orders as this Honourable Court may deem fit to make in the circumstances”.

The Respondent reacted by filing counter affidavits. The parties by consensus filed in court terms of part settlement signed by them and their solicitors.

On the 21st September 1999 the learned counsel for the Plaintiff Mr. Kehinde Osibona asked the court to enter Judgment as per the terms of settlement filed. Mr. Sonoiki for the Respondent had no objection to the Application and Judgment was entered as per the part terms of settlement dated 15th September, 1999. On 27 November 2000 the court ordered pleadings based on a motion filed by the Appellant to order pleadings.

Pursuant to that order, the Appellant filed a Statement of Claim followed by an amended Statement of Claim dated 16/4/02 seeking the following reliefs:

“(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 realized 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, Yaya, Lagos.