Before Their Lordships
WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria
OLABODE RHODES- VIVOUR Justice of The Supreme Court of Nigeria
CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria
KUMAI BAYANG AKA’AHS Justice of The Supreme Court of Nigeria
JOHN INYANG OKORO Justice of The Supreme Court of Nigeria
Between
1. MRS. LOIS CHITURU UKEJE
2. ENYINAYA LAZARUS UKEJE –Appellants
AND
MRS GLADYS ADA UKEJE- Respondent
…………………….A…………………….
OLABODE RHODES-VIVOUR, J.S.C. (Delivering the Leading Judgment): On the 27th day of December 1961 Lazarus Ogbonnaga Ukeje a native of Umahia in Imo State died intestate. He had real property in Lagos State and for most of his life was resident in Lagos State. The 1st appellant got married to the deceased on the 13th of December 1956. There are four children of the marriage. The respondent is one of four. After Lazarus Ogbonnaga Ukeje died, the 1st and 2nd appellants’ (mother and son) obtained letters of Administration for and over the deceased’s Estate. On being aware of this development the plaintiff/respondent filed an action in court wherein she claimed to be a daughter of the deceased and by virtue of that fact had a right to partake in the sharing of her late father’s estates. Her claims before a Lagos High Court were for:
1. A declaration that the plaintiff, as a daughter of one L.O. Ukeje (deceased), is the person entitled to the estate or one of the person entitled to share in the estate of the said L.O Ukeje (deceased).
2. An order that the grant of Letters of Administration dated 15th June, 1982 made to the 1st and 2nd defendants in respect of the estate of the said L. O. Ukeje (deceased) be revoked and declaring the same to be null and void to all intents and purposes in law.
3. An order of injunction restraining the 1st and 2nd defendants from administering the estate of the said L.O. Ukeje (deceased) and relying on the said Letters of Administration dated 15/6/82 granted to them and/or holding themselves out as administrators of the said estate to members of the public and/or transacting any business with any person in respect of the said estate of the said L.O. Ukeje (deceased).
