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MADAM CHRISTIANA UGU V. ANDREW EBINNI TABI

(1997) JELR 48098 (SC)

Supreme Court  •  SC.241/1992  •  11 Jul 1997  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; SALIHU MODIBBO ALFA BELGORE JSC; EMMANUEL OBIOMA OGWUEGBU JSC; SYLVESTER UMARU ONU JSC; YEKINI OLAYIWOLA ADIO JSC;

Appearances
Kola Awodein, Esq. For Appellant Chief Jide Oki For Respondent

Judgement

S. M. A. BELGORE JSC (DELIVERING THE LEADING JUDGMENT): The respondent, Andrew Ebinni Tabi, claiming to be the brother of one Patrick Bissong Tanyi, who died intestate on 12th day of April, 1971 took out a writ against the appellant and claimed as follows:

(1) "A true and full account of all monies, rents and profits received by the defendant as a result of her administering or intermeddling with the Estate of Patrick Bissong Tanyi (deceased) who died in Lagos on 12th April, 1971 intestate.

(2) Payment over to the plaintiff of what is found due to the plaintiff on the taking of such account.

(3) Possession of a piece of land together with the house therein situate lying and being at 28/44 Ijaiye Street, Layinka, Ajegunle, Apapa in Lagos State.

(4) ₦10,000.00 special and general damages.

(5) Perpetual injunction restraining the defendant, her agents, privies and/or servants from further actions or trespass on the said land."

The defendant/appellant was the only wife of Patrick Bissong Tanyi,…

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