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MRS. ALERO JADESIMI v. MRS. VICTORIA OKOTIE-EBOH & ORS

(1989) JELR 45313 (CA)

Court of Appeal  •  CA/L/268M/88  •  28 Feb 1989  •  Nigeria

Coram
EPHRAIM OMOROSE IBUKUN AKPATA JCA; FRANCIS OLISA AWOGU JCA; UMARU ATU KALGO JCA;

Judgement

AKPATA, JCA (Delivering the Lead Ruling): By Order 13 rule 13 of the High Court of Lagos State (Civil Procedure) Rules 1972, trustees, executors and administrators may sue and be sued on behalf of or as representing the property or estate of which they are trustees or representatives without joining any of the persons beneficially interested in the trust or estate and shall be considered as representing such persons. The core question in this appeal is whether such persons represented by trustees, executors or administrators are such parties in civil proceedings whose right of appeal can only be exercised by their representative and are not "any other person having an interest in the matter" within the purview of Section 222(a) of the 1979 Constitution who with leave of court can appeal.

Chief Festus Samuel Okotie-Eboh, (formerly known as Chief Festus Samuel Edah) died on the 15th day of January, 1966. He was said to have died intestate. His wife, Mrs. Victoria Okotie-Eboh and three …

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