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Ebenezer Adeniji v. Probate Registrar (1966)

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⦿ CASE SUMMARY OF:

Ebenezer Adeniji v. Probate Registrar (1966) – HC

by PipAr Chima

⦿ COURT:

High Court

⦿ NOTABLE DICTA

*

⦿ PARTIES

APPLICANT
Ebenezer Adeniji

v.

RESPONDENT
The Probate Registrar Western Nigeria

⦿ LEAD JUDGEMENT DELIVERED BY:

Fatayi Williams J.

⦿ APPEARANCES

* FOR THE APPLICANT

– Babalakin.

* FOR THE RESPONDENT

– Probate Registrar in person.

⦿ CASE HISTORY

The applicant is an executor of the estate of Adefisayo Famoriyo. He applied to the Probate Registrar to have his executorship discharged being that he can no longer manage the said property in the Will. The Probate Registrar informed him that the procedure he has adopted is defective, and that the proper procedure is to revoke the probate grant.

The applicant opined that the Trustee Law by virtue of sections 2 and 26(1) allows him to be discharged from the executorship.

⦿ ISSUE(S) & RESOLUTION

[CASE: STRUCK-OUT]

1. Whether the Applicant can be discharged from the executorship?

RULING:
i. The court ruled that the proper procedure for the applicant is via the revocation of the grant of probate. That is: he should apply for the revocation of the grant of probate. The court further held that: the position (with duties) of an executor is not on all fours with a trustee, and so sections 2 (which defines that an executor could be referred to as a trustee where the context admits) & 26(1) (which is of the effect that a trustee could be discharged from his trust object) is not applicable to the applicant and hence the applicant cannot seek a remedy under it.

⦿ ENDING NOTE BY LEAD JUSTICE – Per

⦿ REFERENCED (STATUTE)

⦿ REFERENCED (CASE)

⦿ REFERENCED (OTHERS)

Available:  John Okoye v. The State (1972) - SC
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