Cookie Policy
OKUNOR J.
This is an originating summons taken under Order 54, r. 4 of the High Court (Civil Procedure) Rules, 1954 (LN 140A), on 8 February 1977 requesting the court to determine two specific issues endorsed on the summons.
The facts which led to this action are that the late Thomas Marshall made a will dated 28 May 1937 before his death. In the will he devised his house “Jehova Villa”, inter alia, to certain named individuals, and further directed: “that both themselves (names mentioned above) and their children may enjoy and occupy the dwelling house ‘Jehova Villa’ as Family House.” Further down the will (and I presume the part on which the argument of the defendant is mainly hinged) the testator directed: “My dwelling house ‘Jehovah Villa’ referred to in this will should not be sold for any purpose but be a family house.”
It is the complaint of the plaintiff that all went well until all the executors died. Then the defendant stepped in in 1959, and argued that the house in question …