CHIEF EYO EDEM NSEFIK &4 ORS VS ROSEMARY MUNA JOHN EFFION & 4 ORS

SUBJECT MATTER

WILLS AND PROBATE

GROUND OF APPEAL-NATURE OF EXISTENCE OF DISPUTE IN A WILL-HOW RESOLVED

PROBATE CASES- PROOF OF COUNTER CLAIM-NATURE OF

COUNTER CLAIM-BURDEN OF PROOF OF-EFFECT OF FAILURE TO PROVE

“A counter claim is a distinct cause of action and has all the tapestry of an action. It is a weapon of offence which enables a defendant to enforce a claim against the plaintiff as effectively as in an independent action. It must, however, be directly related to the principal claim but not outside and independent of the subject matter of the claim”. PER OLUKAYODE ARIWOOLA JSC

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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