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MRS. EUNICE OBARO V. PROBATE REGISTRAR MR. OMORUYI ALONGE MRS. OMOLARA AYANRU MRS. EDOWAYE AFADAMA MRS. YEMISI AKINRINADE MR. OGHOGHO AYO ALONGE MISS. UYIGUE ALONGE MRS. IMADE-IZE-IYAMU MISS AGHARESE ALONGE

(2000) JELR 52974 (CA)

Court of Appeal  •  CA/L/283/99 .  •  5 Jul 2000  •  Nigeria

Coram
ATINUKE OMOBONIKE IGE, JCA (Presided) SULEIMAN GALADIMA, JCA AMIRU SANUSI, JCA (Read the Lead Judgment)

Judgement

SANUSI, JCA(Delivering the Lead Judgment): On the 6th of November, 1998, the appellant took an application to the Lagos High Court for an order for grant of interim preservation of property by the appointment of a receiver to manage and collect rents of the property of the applicant’s deceased father, late Chief Joshua Alonge, who died on the 21st September, 1998. It is not disputed by all the parties that the deceased was at the time of filing the said originating summons not buried and that he, during his life-time, made a WILL which said WILL then yet to be read and was also deposited with the Probate Registrar of the lower court (1st respondent). In the application, the applicant/appellants listed in the supporting affidavit 14 landed properties situated in many places, namely: one at Ibadan, seven in Benin City, one in Akure and one in London. The applicant/appellant in the said application also named two Estate Management firms from which one could be selected to manage her de…

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