WILLIAMS, SAN v. WILLIAMS & ANOR

KUMAI BAYANG AKA’AHS, J.S.C. (Delivering the Lead Ruling): The appellant, Chief Oladipo Akanni Olumuyiwa Williams, SAN who is representing himself in this appeal, filed a Motion on Notice on 22 May, 2017 praying for leave of this Honourable Court to hear the appeal on the appellant’s brief alone. Other processes filed on the same date were the Notice of Appeal and the Appellant’s brief.
The grounds for the application were given as:-
(a) The time within which the respondents ought to file their brief of argument in this appeal as provided by the Rules of this Honourable Court has elapsed.
(b) That there is no application for extension of time to file the respondents’ brief of argument before this Court.
(c) The respondents are not desirous of defending this appeal.
The motion is supported with a 5 paragraph affidavit which was deposed to by Azeez Biodun. Annexed to the affidavit are the Notice of Appeal, leave granted to the appellant by the lower Court on 15 May, 2014 to appeal to this Court and the appellant’s brief dated 6 February, 2015 and served on the respondents on 12/2/2015.
The respondents’ reaction to this motion was to file a Notice of Preliminary objection on 6 April, 2018 praying for an order striking out this appeal as presently constituted for lack of jurisdiction. The grounds on which the preliminary objection is predicted are:-
(i) The proper/necessary parties to this appeal or persons that may be directly affected by this appeal are not all before this Honourable Court.
(ii) Chief Kayode Olusegun Williams is one of the sons of the late Chief F. R. A. Williams SAN and one of the beneficiary (sic) of his estate.
(iii) The appellant has failed to comply with the rules of this Honourable Court.
(iv) This Honourable Court lacks jurisdiction to entertain this appeal for being incompetent.
(v) The appeal, if heard as presently constituted will lead to miscarriage of justice.
In paragraph 3(a)-(j) of the affidavit sworn to by Abdulsalam Umar in support of the preliminary objection, he averred to the following facts:-
“3. was informed by T.E Williams, Esq., SAN one of the counsel seized with the conduct of this matter on behalf of the applicant in Chambers on the 5th of April,2018 at about 1.00am and I verily believe him as follows:
(a) Before the Court of Appeal, Lagos, there were four (4) parties to the appeal. The Court of Appeal delivered its judgment on the 31st of March, 2014.
(b) The appellant has filed a Notice dated 22nd of May, 2017 with only 3 (three) of the parties as appellant and respondents.
(c) The grounds of appeal filed by the appellant before this Honourable Court are basically on the issues of the family agreement signed by the four children of late Chief F. R. A. Williams, SAN and the 1954 Holographic Will of the late Chief Williams, SAN.
(d) The Statement of Claim filed by the appellant in this case as shown on page 5 of Vol. 1 of the Record of Proceedings, paragraphs 1, 2 and 3 clearly showed that Mr. Kayode Adekunle Olusegun Williams is a necessary party to this action;
(i) The 1st Claimant, a Senior Advocate of Nigeria since 1995 and Legal Practitioner since 1972, is the eldest son of the deceased, and the Head of the family in accordance with Yoruba Laws and customs and also a beneficiary under the holographic Will of Chief Frederick Rotimi Alade Williams, SAN, CFR, deceased of No. 1, Shagamu Avenue, llupeju, Lagos who died on the 26th of March, 2005, the Will bears the date of 22nd day of June, 1954. A copy of the Death Certificate dated the 26th of March, 2005 shall be relied on at the trial of this suit.
(ii) The 2nd Claimant on Agriculturalist, is the second son of the deceased and also a beneficiary under the holographic Will of Chief Frederick Rotimi Alade Williams, SAN, CFR, deceased of No. 1, Shagamu Avenue, llupeju, Lagos who died on the 26th day of March, 2005, the Will bears the date of 22nd day of June, 1954. The last Will and Testament of Chief Frederick Rotimi Alade Williams shall be relied on at the trial of this suit.
(iii) The 1st and 2nd Claimants are the only beneficiaries under the said Will.
(e) Furthermore on page 15 of Volume 1 of the Records of Appeal, appellant under paragraph 24(2) claimed against the respondent inter alia:-
(i) An order of the Court for the grant of Letters of Administration (with Will annexed) of the deceased’s estate to the 1st and 2nd Claimants as Administrators of the estate and the only beneficiaries under the Will as recognized by the testator.

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