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CHARLES DELE IGUNBOR v. MRS OLABISI AFOLABI & ANOR

(2001) JELR 47463 (SC)

Supreme Court  •  SC.84/1996  •  11 May 2001  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI-WHYTE JSC; IDRIS LEGBO KUTIGI JSC; UTHMAN MOHAMMED JSC; OKAY ACHIKE JSC; EMMANUEL OLAYINKA AYOOLA JSC;

Judgement

KARIBI-WHYTE, J.S.C. (Delivering the Leading Judgment): The application of the appellants by motion to the trial Judge to join as Co-Administrators in an application for letters of administration to the Estate of late P. A. Igunbor is the genesis of this appeal. The crux of this appeal is whether the procedure adopted by applicant/appellant is correct.

On the 17th July, 1992, the Court of Appeal, Ibadan Division, set aside the ruling of Ibidapo-Obe J. of the High Court of Oyo State sitting at Ibadan and granting the application of the appellant and another to be joined as co-applicants to the administration of the intestate Estate of the late P.A. Igunbor who died intestate at Ibadan on the 17th May, 1987.

The facts of this case are in the main not disputed. P.A. Igunbor died survived by five wives, fifteen children and a younger brother. On February 2, 1988, Mrs. Olabisi Afolabi (nee Igunbor), the oldest child and a female and Mrs. Mary Oyeyemi Igunbor, the youngest wife of the lateā€¦

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