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ANTHONY KOJO WILLIAMS & ANOR. v. BABAJIDE OGUNDIPE & ORS.

(2006) JELR 49273 (CA)

Court of Appeal  •  CA/L/332/04  •  15 Feb 2006  •  Nigeria

Coram
KUMAI BAYANG AKAAHS JCA; MUSA DATTIJO MUHAMMAD JCA; CLARA BATA OGUNBIYI JCA;

Judgement

OGUNBIYI, J.C.A. (Delivering the Leading Judgment): The appellants commenced proceedings leading to this appeal herein on April 25, 2003 claiming inter alia, a declaration that the letters of Administration (without will) of the Estate of the late Kenneth Gigi Williams dated October, 28, 2002, was obtained by the 1st and 2nd respondents from the 3rd respondent on the basis of an application containing outright falsehoods, material concealment and non disclosures and an order setting aside the grant.

On November 13, 2003 the 2nd respondent filed an application for an order dismissing the appellants' claim on the ground that they have no locus standi to maintain any of the reliefs sought by them.

The said application was argued by counsel to the 2nd respondent on March 30, 2004 while the counsel to the appellants replied on April 4, 2004. On April 26, 2004 counsel to the 2nd respondent replied on points of law and the learned trial Judge delivered its ruling there and then, upholding …

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