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MRS. ESTHER OLUWATOYIN AYORINDE v. MR. RICHARD AYORINDE & ORS.

(2010) JELR 33081 (CA)

Court of Appeal  •  CA/IL/45/2008  •  26 Mar 2010  •  Nigeria

Coram
SOTONYE DENTON WEST JCA; IGNATIUS IGWE AGUBE JCA; CHIMA CENTUS NWEZE JCA;

Judgement

CHIMA CENTUS NWEZE, J.C.A. (Delivering the Leading Judgment): The appellant herein, Mrs Esther Oluwatoyin Ayorinde, was one of the wives of Major Saka Adekunle Ayorinde (late). In a suit, which she took out as next friend of her two children, Tosin and Tolani Ayorinde, she claimed declaratory, prohibitory and restraining orders against the respondents, the Administrators and Administratrices of the Estate of Saka Adekunle Ayorinde, deceased. For their bearing on this appeal, the reliefs are set out hereunder:

1) A declaration that the defendants herein, whether jointly or severally through any of their agents, privies or assigns, are not entitled to sell, dispose of or intermeddle in anyway whatsoever with the estate, situated at Ilorin, of Late Major Saka Adekunle Ayorinde who died intestate in Ilorin.

2) An order of court prohibiting the defendants herein, whether jointly or severally, from selling, disposing of or intermeddling in anyway whatsoever with the estate of Late Major Sa…

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