judy.legal
Login Register

MRS SINMISOLA CAREW (Trading under the name and style of Bolaji Carew & Co.) (Solicitors to the estate of Alhaja Adijatu Ayoola Balogun) V. MRS. IYABO OMOLARA OGUNTOKUN & ORS.

(2011) JELR 47976 (SC)

Supreme Court  •  SC.157/2000  •  14 Jan 2011  •  Nigeria

Coram
ALOMA MARIAM MUKHTAR JSC WALTER SAMUEL NKANU ONNOGHEN JSC FRANCIS FEDODE TABAI JSC IBRAHIM TANKO MUHAMMAD JSC SAIFULLAHI MUNTAKA-COOMASIE JSC

Judgement

A. M. MUKHTAR, J.S.C.: (Delivering the Leading Judgment): 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 N17,008,082.82 standing to the credit of late Alhaja Adijatu Ayoola Balogun (deceased) in her account with the 4th respondent, the Afiibank 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 f…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login