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ALHAJI SAIBU YEKINI OTUN & ORS. V. SINDIKU ASHIMI OTUN & ANOR.

(2004) JELR 48914 (SC)

Supreme Court  •  SC.205/1999  •  16 Jul 2004  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC IDRIS LEGBO KUTIGI JSC UMARU ATU KALGO JSC AKINTOLA OLUFEMI EJIWUNMI JSC NIKI TOBI JSC

Judgement

KALGO, J.S.C. (Delivering the Leading Judgment): By a writ of summons dated 10th of April, 1984, issued out of the High Court of Justice Ibadan Oyo State, the appellants, as plaintiffs, claimed against the respondents, the following reliefs:-

"1. A declaration that the letter of administration granted the first defendant by the second defendant to administer the estate of late Ashimi Otun on 22nd November, 1982 is null and void and is of no effect and all actions taken by and dealings made by the first defendant in pursuance of the said grant be declared null and void and of no effect.

2. An order of revocation of the letters of administration granted the first defendant at Ibadan on 22nd November, 1982 to administer the estate of late Ashimi Otun on the ground that the first defendant is not entitled to the grant and that the grant was obtained on false suggestion by the first defendant.

3. An injunction restraining the 1st defendant from acting on the said letters of administratio…

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