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.
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