CHARLES OMONUA & ORS V. MARGARET OMONUA

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Interlocutory decision of Justice E. O. Williams-Dawodu (Mrs.) delivered on the 26th day of October, 2011 at the High Court of Lagos State, Family and Probate Court, Lagos Judicial Division.

The Respondent (Claimant in the lower Court had claimed seven reliefs from the Appellant (Defendants in the lower court) viz:

(i) A DECLARATION that the actions of the 1st and 2nd Defendants in disposing, dissipating and intermeddling with the Estate of Late Godwin Sunday Alabi Omonuo is a breach of the duty of trust (constructive trust) imposed on the 1st and 2nd Defendants and a breach of the rights of the claimant and other beneficiaries of the Estate.

(ii) A DECLARATION that the 1st and 2nd Defendants have abused their privilege to act as administrators over the estate and are not fit to administer the Estate of the Late Godwin Sunday Alabi Omonua.

(iii) An order appointing First Trustees Nigeria Limit…