CASES/JUDGMENTS ON ESTATE MANAGEMENT, PLANNING AND ADMINISTRATION LAW IN NIGERIA (2)

POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR

FIND JUDGMENTS BY:

CASES/JUDGMENTS ON ESTATE MANAGEMENT, PLANNING AND ADMINISTRATION LAW IN NIGERIA (2)

[Judgment(s) are listed and published here for free but can procured in electronic PDF copies for a fee in singles or compendium. Research support is also available. Email us through lawnigeria@gmail.com and info@lawnigeria.com or text 07067102097]

TITLE	MAIN ISSUES
EREWA V. IDEHEN
EYESAN V.  SANUSI	ESTATE ADMINISTRATION – LAND SUIT:- Dispute over title of land – Death of defendant/respondent while appeal by plaintiff/appellant pending in the Court of Appeal – Application by appellant to substitute sons of deceased respondent – Whether maxim actio Spersonalis moritur cum persona applicable – Whether action survives against the estate of deceased defendant – Section IS of the Lagos State Administration of Estates Law – Competence of Court of Appeal to grant application for substitution – Scope of Section 16 of the Court of Appeal Act 1976 – Duty of appellant – Constitutional right of appellant in such case.
EZENNAH V.  ATTA	REAL ESTATE/LAND LAW:- Certificate of occupancy – Legal basis  – Whether in substance a lease vesting a term of years absolute or a lease for a number of years stated therein – Whether the greatest legal estate that can now subsist under the Land Use Act is a term of years – Where properly issued by a competent authority – Whether raises the presumption that the holder is the owner in exclusive possession of the land in respect thereof – Whether raises the presumption that at the time it was issued there was not in existence a customary owner whose title has not been revoked – How rebutted
FADAYOMI V. SADIPE & ORS.	ESTATE ADMINISTRATION:- Probate action – Undisputed Will – Parties – Necessary Parties –Whether may be joined even against their wills – Relevant considerations ESTATE ADMINISTRATION:- Probate action – Caveat entered against application for probate – Effect – Action to remove same – Executrices and applicants for probate –Whether necessary parties –  Whether may be joined against their will by operation of law or discretion of court – Whether deemed as parties with same interest in grant of probate – Whether has no absolute right to withdraw from action – When discretion of court to refuse application for a party to withdraw deemed rightly exercised. ESTATE ADMINISTRATION:– Probate action – Parties – Where the executors act jointly or have applied for probate jointly – Whether makes each of them a necessary and consenting party to all the matters involving the proof of the will including the removal of a caveat – Whether a party to a joint probate application is a necessary party to any suit arising therefrom – Whether can be joined as co-plaintiff by court suo motu or by another plaintiff- Whether a co-plaintiff is absolutely entitled to withdraw from the probate granted and seek the court’s order to withdraw and have his name struck out – Whether co-plaintiff must satisfy the court that there is no longer a desire to act as an executor, that there is no longer a common interest with the other co-plaintiffs, and that he is no longer a necessary party to the action
FATOYINBO V.  WILLIAMS	ESTATE ADMINISTRATION – CUSTOMARY LAW: Yoruba custom – Practice whereby a young heir entitled to letter of administration invites an older relative to join as estate administrator – Whether doing of acts pursuant to role as administrator by invited relative can ground a subsequent claim over interest in the estate as joint/exclusive owner
HALL V.  HALL	ESTATE ADMINISTRATION – WILLS: Validity of will – Undue Influence – Legitimate and illegitimate influence/persuasion – how proved – Effect thereof
HAMMED A. TORIOLA AND ANOR.   V. MRS. OLUSHOLA WILLIAMS	ESTATE ADMINISTRATION:- Intestacy – Real property of whatsoever nature which the intestate might have disposed of by will – Whether shall for the purposes of administration by the administrator be deemed to be part of the personal estate ESTATE ADMINISTRATION:- Powers of administrators of an intestate estate – Real property the succession to which cannot by native law and custom be affected by testamentary disposition – Whether excluded from being deemed part of personal estate for purposes of administration – Whether administrators are precluded from touching such real property – Exceptions
HOARE V.  HOARE	ESTATE ADMINISTRATION/PLANNING:- Succession – Testamentary bequests by way of will – Will alleged to be inconsistent with previous Deed of Settlement– How treated
HOMES V. NEWMAN.
HOUSTON AND OTHERS V.  BURNS AND ANOTHER	ESTATE ADMINISTRATION:- Wills and Trust – Charitable Bequest – Uncertainty – “Public, benevolent, or charitable purposes” – Limitation to particular Locality.
HOYSTEAD V.  COMMISSIONER OF TAXATION	ESTATE ADMINISTRATION:– Administration of estate – Annual income divisible by trustees between testator’s heirs under a will – Taxation of same – How treated
IBUM OLUMBA & ORS V. THE REGISTERED TRUSTEE OF THE BROTHERHOOD OF THE CROSS & STAR	ESTATE PLANNING AND ADMINISTRATION:- Properties of registered nonprofit with deceased funder – Power of control over same – On whom lies – Whether registered trustees of body or family of deceased founder – Relevant considerations
IN RE EFFIONG OKON ATA V.  CHIEF ELIJAH HENSHAW	ESTATE ADMINISTRATION:- Administration of an intestate estate – Personal property owned by a slave – Effect of abolition of slavery.
In re GARRARD. GORDON V. CRAIGIE	ESTATE ADMINISTRATION:- Will – Charity – Gift to Vicar and Churchwardens to be applied “as they shall think fit” – Validity
IN RE HARRISON	ESTATE ADMINISTRATION:- Testacy – Recovery of sums due to an executor of estate under administration from testator – How treated
IN RE SIMSON	ESTATE ADMINISTRATION/PLANNING:-Will – Charitable bequest – Gift of residue of estate to vicar of named church “to be used for his work in the parish” –Validity – Relevant considerations
IN RE WYKES, DECD. RIDDINGTON V. SPENCER AND OTHERS.	ESTATE ADMINISTRATION: Testacy – Testamentary devices outlining a complex scheme of bequests – Trust created thereunder – When deemed imperfect trust Validity thereof
IN THE ESTATE OF CHARLES GIBSON, DECD.	ADMINISTRATION OF ESTATE LAW: Probate – Will – Attestation – Totally blind witness – Want of due execution – Wills Act, 1837 (1 Vict., c. 26), s. 9.
IN THE GOODS OF MOORE	ESTATE ADMINISTRATION:- Will – Executor intermeddling in the Estate before Probate – Writ of Summons for Injunction, and Appointment of Receiver granted on Application of co-Executor
JACOBS V.  MESSRS OLADUNNI BROTHERS	ESTATE MANAGEMENT:- Will – Devise of property to be held as “family property” –Testator having acquired property by conveyance in English form – Will made in English form­ – legal effect
JADESIMI  V. FRED EGBE	ESTATE ADMINISTRATION AND PLANNING:– Succession to property – ‘Purchaser’ under section 41(1) of the Administration of Estates Law, Cap. 3 Laws of Lagos State 1994 – Definition of – Categories of persons covered ESTATE ADMINISTRATION AND PLANNING:– Beneficiary of estate under a will – Right to renounce testamentary devise – Whether can be exercised with or without a reason – Enforceability
KOSOKO V.  KOSOKO	ESTATE ADMINISTRATION/MANAGEMENT:- Family property –  Whether a member has right to demand for account of rent after a lengthy period of time away – Relevant considerations
LEWIS V. MAJEKODUNMI	ESTATE PLANNING AND ADMINISTRATION – WILLS: Validity of – Clauses – Construction – Designations and declarations as to status – “Daughter” and “Head of compound – Testator’s intention – Whether to be admitted upon the principle, that they are the natural effusions of a party, who must know the truth; and who speaks upon an occasion, when his mind stands in an even position, without any temptation to exceed or fall short of the truth
LIBERT ADEYEMO DANIEL V. NATHANIEL DANIEL	ESTATE ADMINISTRATION – SUCCESSION:– Property held under ‘Kola Tenancy’ – Whether property to which the Marriage Ordinance does not apply – pre-nuptial acquisition of property under Kola tenancy – whether matrimonial or family property – rights of child of the marriage and child of any party of the marriage with a third party
LIJADU V.  FRANKLIN	ESTATE ADMINISTRATION:- Probate – Executors and Administrators – Standing of a personal representative appointed under a will to undertake litigation in testator’s behalf under common law – Whether resealing of probate order necessary – Proper order for court to make
LOCH AND ANOTHER V.  JOHN BLACKWOOD, LIMITED	ESTATE MANAGEMENT/PLANNING – TRUST:-  Trustees mandated under a will to invest funds of the estate in starting up a company – Improper running of company – Whether winding  upis a valid and proper way to bring about an accounting of funds/assets of company/estate
MADDISON V.  ALDERSON
MARTINS V.  FOWLER	ESTATE ADMINISTRATION: – Intestate Succession to real Estate – Construction of applicable Ordinance – “Marriage validated hereby” – Marriage valid apart from Ordinance – How treated
MARTINS V.  MARTINS	ESTATE MANAGEMENT:- Infant’s Estate – Money at Bank – Order of Court authorizing relative with whom infant lived to withdraw money for the purchase of real property as investment for infant’s benefit — Where no real property purchased but money spent otherwise on behalf of infant­ – Liability of the relative – Attitude of court thereto
METAL CONSTRUCTION (W.A) LTD & ORS V. MRS. D.A. MIGLIORE & ANOR	ESTATE ADMINISTRATION/PLANNING:- Rights of Administrators of a deceased person’s estate to control of his incorporeal assets – Company Shares – Right to new Certificate and Rectification of Company’s Membership Register – Duty of Company to ensure same without delay
MOODIE AND ANOTHER V.  W & J SHEPHERD (BOOKBINDERS) LTD AND OTHERS	ESTATE MANAGEMENT/PLANNING:- Trust disposition and settlement conveying to  executors the trust estate including shares owned in deceased testator’s company –  When right to control of shares passed to executors – Whether executors assumes rights attaching to the shares as deceased was entitled to – Implication for articles of the company precluding registration of non-members – Right of executors to be registered as members of company
MR. FRANK OMORODION IGORI V. MASTER OTASOWIE IGORI & ORS	ESTATE ADMINISTRATION: – Application for declaration to set aside specific clauses of a will for being null and void for non-compliance with the relevant statutory requirements relating to Wills – Application for a declaration asserting interests over property arising from Law of succession over the express terms of a will – Relevant considerations – How treated

NEXT

1

2

3

JUDGMENTS OF NIGERIAN COURTS
By Substantive Areas	By Litigation/Procedure Areas

JUDGMENTS BY AREAS OF PRACTICE

JUDGMENTS BY PRACTICE/PROCEDURE ISSUES