RHODES-VIVOUR JCA (Delivering the Lead Ruling): After the respondents as claimants instituted an action against the applicant as defendant, in the High Court of Justice, Lagos State for: A declaration that the defendant has misconducted herself and has been guilty of breach of trust in the administration of the estate of Late Chief Theophilus Adebayo Doherty since becoming the sole surviving executor/trustee and is unfit to remain in office.
An order that Mr. Tunji Gomez, Mrs. Adenike Emmanuel, Mr. Babajide Debayo-Doherty and Mr. Adewale Debayo-Doherty or some other fit and proper persons be appointed to be executors and/or trustees in place of the defendant. Further and other reliefs.
Costs.
The applicant filed an application before the trial court for:
An order dismissing the suit in its entirety.
Further or alternatively, an order striking out the suit, on the ground that the suit amounted to multiplicityof suits since seven suits with similar causes of action were pending in some Hi…