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YINUSA A. SHITTU & ANOR V. MRS. BISI OSIBANJO & ORS.

(1988) JELR 45306 (SC)

Supreme Court  •  SC.114/1987  •  1 Jul 1988  •  Nigeria

Coram
AUGUSTINE NNAMANI JSC; MUHAMMADU LAWAL UWAIS JSC; SAIDU KAWU JSC; SALIHU MODIBBO ALFA BELGORE JSC; ABDUL GANIYU OLATUNJI AGBAJE JSC;

Judgement

A. NNAMANI, J.S.C. (Delivering the Leading Judgment): In Suit No. LD/654/79 filed in the High Court of Lagos State, the plaintiffs/respondents claimed the following reliefs against the Defendants/Respondents herein:-

"1. A declaration that the Plaintiffs are entitled to the grant of Letters of Administration to the estate of Alhaja Nimota Asabi alias Iya Toyinlate 0137, Akinwunmi Street, Yaba who died intestate at the said address on 15th December, 1977;

2. An order that the Caveat entered by the Defendants against the application for a grant of administration be vacated;

3.(a) An order that the 1st Defendant renders an Account of the sum of N19,800.00 found in the house of the late Alhaja Nimota Asabi alias lya Toyin and handed over by the family to the 1st Defendant in February 1978 for safe keeping.

(b) An order for the payment of any money with the 1st Defendant to the Bank of India (Nigeria) Ltd., Breadfruit

Street, Lagos to reduce the overdraft indebtedness of the Late Alhaja Ni…

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