MRS SINMISOLA CAREW V. MRS IYABO OMOLARA OGUNTOKUN & ORS

FACTS:

The appellant by way of  originating summons , instituted an action against the defendants(respondents) who are executors and executrix  of the Will of a Testatrix , Late Alhaja Adijatu  Ayoola Balogun  who was a client of the appellant. The appellant’s claim was that, the probate fees on the said Will and her professional fees be paid from the Testatrix account at Afribank. The trial court found for the appellant (who was the applicant at the trial court) ,while  the Court of appeal and  the  Supreme Court found for the respondents.

Subject Matter:

Probate

Wills.-Only the executors and the executrix –the beneficiaries- of a Will can administer the estate  conferred therein.

Wills-Services of a solicitor to a Will, what determines the scope and point of termination.

Locus Standi– What determines the competence  or right of a party to institute an action.

Practice and Procedure: Only non- contentious matters should be brought to court through  Originating Summons

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MRS SINMISOLA CAREW   AND    MRS IYABO OMOLARA OGUNTOKUN & 3 ORS

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