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CaseLaw

Carew V. Oguntokun (2011) CLR 1(k) (SC)

Judgement delivered on January 14th 2011

Brief

  • Locus standi
  • Preliminary objection

Facts

The Appellant initiated a Court proceeding against the Respondents by way of Originating Summons, seeking the determination of the following question:-

  • 1
    Whether the executors and executrix, i.e.; the 1st to 3rd Respondents of the Will of Late Alhaja Adijatu Ayoola Balogun, have a right to refuse to pay probate and Solicitors fees and expenses, from the available funds in Afribank Plc, one of the deceased bankers or from any of her Bankers.

Reliefs Sought

  • i
    An order that the Probate fees of N8,493, 286,000 be paid to the Probate Registrar from the Nl 7,008,082,82 standing to the credit of late Alhaja Adijatu Ayoola Balogun (deceased ) in her account with the 4th Respondent, the Afribank Issa Williams (Branch) Lagos.
  • ii
    An order that the Applicant/Solicitors fees of N8, 000, 000. 00 and the valuation fees of N1, 300, 000. 00 for their services for the issuance of the grant of Probate of the deceased's Will be paid to the Applicant from the deceased account with the 4th Respondent."

    • An affidavit in support of the originating summons was filed, and exhibited thereon are documents related to the claim. The 2nd Respondent thereafter filed a motion on notice for:-

    • 1
      An Order setting aside the issue and service of the Originating Summons caused to be issued and served by the Applicant in the suit...
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