JOHNSON V. ADEREMI

POLICY AND PRACTICE LAW REPORTS, 2PLR

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HARIET JOHNSON

V.

BAFUNKE ADEREMI AND OTHERS

JUDICIAL COMMITTEE OF THE PRIVY COUNCIL

27TH DAY OF JUNE, 1955

PRIVY COUNCIL APPEAL NO. 4 OF 1953

2PLR/1955/19 (PC)

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OTHER CITATION(S)

2PLR/1955/19 (PC)

LEX (1955) – P. C. 04-1953

(1955) XIII WACA PP. 297 – 300

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BEFORE THEIR LORDSHIPS:

LORD RADCLIFFE,

LORD SOMERVELL OF HARROW,

MR. L. M. D. DE SILVA

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BETWEEN:

HARIET JOHNSON – Appellant

AND

BAFUNKE ADEREMI (FORMERLY JOHNSON NOW A MARRIED WOMAN) AND OTHERS – Respondents

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ORIGINATING COURT(S)

Appeal from the West African Court of Appeal (W.A.C.A. Civil Appeal No. 3470.)

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ISSUE(S) FROM THE CAUSE(S) OF ACTION

ESTATE ADMINISTRATION AND PLANNING – WILL AND PROBATE:- Action for probate of will in solemn form – Form of summons – Joinder of additional parties as appellants by West African Court of Appeal – Undue influence and lack of testamentary capacity – Evidence required to prove same – When will be deemed insufficient

HEALTHCARE AND LAW:- Mental capacity to make a will – Bouts of stroke – Evidence of doctors not connected with psychiatry – When will be deemed dispositive of the matter

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PRACTICE AND PROCEDURE ISSUE(S)

ACTION:- Form of summons issued to institute the action – Where shown to be incorrect – When court would deem objection too late as to vitiate proceedings or decision arising therefrom

APPEAL:- Addition of appellants who were not parties to the original suit – Powers of the West African Court of Appeal thereto – Relevant considerations

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CASE SUMMARY

The appellant was the defendant in the original action in the Supreme Court, Nigeria. In that action, the Court found for the defendant and pronounced the will of the testator to be invalid and declared that the testator died intestate. The West African Court of Appeal reversed that decision pronouncing the will to be valid. In order to determine the appeal it allowed parties to be added as appellants who were not parties to the original suit.

For the appellant the main arguments were that the form of summons by which the action was instituted was the wrong one and the proceedings were null and void, and that the West African Court of Appeal had no power to add as parties to the appeal persons who were not parties to the original action.

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DECISION(S) OF THE JUDICIAL COMIITTEE OF THE PRIVY COUNCIL  

Held that:

(1)    The form of summons issued to institute the action was incorrect but it was too late to raise any objection. The West African Court of Appeal had power to add parties as appellants who were not parties to the original suit.

(2)  There was insufficient evidence to pronounce the will to be invalid on the basis of lack of mental capacity or undue influence.

Cases referred to:-

(1)      Ingall v. Moran (1944), 1 K.B. 160.

(2)      Hilton v. Sutton Steam Laundry (1946), K.B. 65.

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