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OLABODE RENNER v. ALBERT BABATUNDE RENNER

(1961) JELR 80388 (SC)

Supreme Court  •  FSC. 314/1960  •  4 May 1961  •  Nigeria

Coram
BRETT, JUSTICE, SUPREME COURT UNSWORTH, JUSTICE, SUPREME COURT TAYLOR, JUSTICE, SUPREME COURT

Judgement

UNSWORTH, FJ(reading the leading judgment)This appeal was dismissed on the 19th April, 1961, and I now give my reasons for this decision.

The appeal was from a decision of Duffus, J., in which he (1) directed an account of moneys received by the appellants as trustees, (2) directed the removal of the second appellant as a trustee of the estate of the late M. A. Renner, and (3) granted an injunction to restrain the third appellant from acting in the capacity of trustee or otherwise interfering with the estate.

The main ground of appeal argued by learned counsel for the appellants was that the learned trial Judge was wrong in dealing with the case on the basis that the respondent and the first and second appellants were trustees, because they had not (in their capacity as executors) assented to the property vesting in them as trustees.

The law relating to the vesting of real estate in Western Nigeria is now to be found in s. 40 (4) of the Administration of Estates Law (chapter 1 of the 195…

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