Does an Administrator/Administratrix have Power to Administer the Property of a Deceased Person not Covered by a Letter of Administration

CASE TITLE:  ODUTOLA v. AJAO & ORS (2025) LPELR-81680(CA)

JUDGMENT DATE: 22ND JULY, 2025

PRACTICE AREA: ADMINISTRATION OF ESTATE

LEAD JUDGMENT: UWABUNKEONYE ONWOSI, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on Administration of Estate.

FACTS:

This is an appeal against the ruling of the High Court of Justice, Lagos State, in the Ikeja Judicial Division, delivered by HON. JUSTICE T. A. O. Oyekan Abdullai on the 22nd day of October, 2008.

The Appellant (1st Defendant), the 4th Respondent (2nd Defendant) and the 5th Respondent (3rd Defendant) were the Defendants before the trial Court, while the 1st to 3rd Respondents were the 1st to 3rd Claimant before the trial Court.

By virtue of the probate dated 12th October, 1963, granted by the High Court of Lagos State as amended by the Order dated 18th September, 1962, Respondents were the personal representatives of the late Chief Ajao, who died on 21st June, 1962. While Late Chief Ajao was the owner of the parcel of land measuring 301.45 acres lying and being at Mosebi Village near Onigbongbo Village, via Ikorodu Road, Ikeja District (now known as Anthony Village, off Ikorodu Road), Lagos State. Late Chief Ajao’s holding is now known and referred to as Ajao Estate, Anthony Village, Lagos State. The land in dispute is part of the said Ajao Estate.

Before the trial Court, the Appellant’s objection was that the Respondents had no locus standi to institute the suit because the land in dispute was not listed in the estate over which the 1st to 3rd Respondents were granted which the Counsel to the 1st to 3rd Respondents admitted and sought to regularise same. The Court ruled that the 1st to 3rd Respondents apply to the probate registry to regularise the grant and include the said land in dispute.

Dissatisfied, the appellant filed the instant appeal.

ISSUES FOR DETERMINATION:

The Court determined the appeal on a sole issue, thus:

Whether in the circumstances of this case the lower Court appropriately exercised its discretion when it directed that the probate documents of the estate of the late Chief J. A. Ajao be regularised to include the land in dispute.

DECISION/HELD:

In the final analysis, the appeal was dismissed.

RATIOS:

• ADMINISTRATION OF ESTATE- ADMINISTRATORS/EXECUTORS OF AN ESTATE: Whether an administrator/administratrix has power to administer the property of a deceased person not covered by the grant of letter of administration
• APPEAL- INTERFERENCE WITH THE EXERCISE OF DISCRETION: Attitude of an appellate court to the exercise of discretion made by lower courts; instances where an appellate court will interfere with the exercise of discretion made by a lower court
• COURT- DISCRETION OF COURT: How judicial discretion should be exercised
• JUSTICE- SUBSTANTIAL JUSTICE: Attitude of courts to ensure substantial justice is done
• PRACTICE AND PROCEDURE- ADJOURNMENT: Whether the grant or refusal of an application for adjournment is at the discretion of the Court

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