CEDRIC MOSS & ORS. V. KENROW (NIGERIA) LIMITED & ORS.

U. OMO, JSC (DELIVERING THE LEADING JUDGMENT): The action now on appeal was originally instituted by the plaintiffs/appellants, who are beneficiaries of the estate of Noel Wilfred Moss (deceased). The first to fourth plaintiffs/appellants are his children; the fifth plaintiff is his grandson (son of his son Standard) and the sixth is the mother of the fifth and widow of Standard Moss. The fourth and fifth defendants/respondents are also his children who together with the second plaintiff were appointed Executor and Executrix in the Will of the aforesaid N.W. Moss who died on the 28th May, 1956. Only the fourth and fifth defendant so functioned after Probate was granted only to both of them until 7th November, 1966 when by an order of court they were relieved of their appointment and the Federal Administrator-General took over the administration of the said Estate. On the creation of Lagos State the 3rd defendant/respondent took over the administration of the estate.

During the adminis…