MRS. LANRE EMMANUEL BODE DEBAYO DOHERTY (EXECUTRIX/TRUSTEES OF THE ESTATE OF LATE CHIEF T. A. DOHERTY) V. BABAJIDE DEBAYO DOHERTY ADEYINKA DEBAYO DOHERTY BOLAJI DEBAYO DOHERTY

SALAMI JCA (Delivering the Lead Judgment): This is an interlocutory appeal against the decision of the Lagos State High Court delivered on 30 May 2003, in an action seeking against the defendants the following reliefs:

“1. A declaration that the defendants are not entitled in law to interfere with the management of, or otherwise prevent the improvements being carried out by the plaintiffs on the properties forming part of the estate of late Chief T.A. Doherty particularly, the property known as 74, Tokunbo Street, Lagos.

2. A declaration that the defendants are not entitled under the last will and codicil of the late Chief T.A. Doherty to live in the property known as 74, Tokunbo Street, Lagos which form part of the estate of the deceased without the consent or permission of the plaintiffs or at least the 1st plaintiff.

3. A perpetual injunction restraining the defendants, whether by themselves, their servants, agents or representative from further interfering in any manner whatsoe…