The daughter of a former President, Customary Court of Appeal, Abuja, Justice Moses Bello(late), Ann Eniyamire has asked the Federal Capital Territory High Court in Bwari, Abuja to declare that she is entitled to 11.11% of all her late father’s properties including estates and stocks.
Eniyamire, who says she is one of the children of the late judge, told Justice M.A Madugu on Wednesday to grant her her entitlement in line with her late father’s will.
In the suit marked CV/667/2024, Eniyamire’s lawyer, Barrister Yahuza Mahraz contended that his client was shortchanged by the executor of her father’s will, Reverend Father Ezekiel John (first defendant ) and another.
According to her deposition, her late father instructed that all his assets be shared amongst his wife and eight children following an 11.11% sharing formula.
However, the claimant” ‘s lawyer accused the defendant of adopting a sharing formula of 4.16 per cent.
The claimant, who has 38 reliefs, urged the court to reverse the defendants’ alleged decision, relieve them of their duties(as executors of her father’s will) and restore 11.11% of her father’s properties to her.
Part of her prayers read,
- “A declaration that the claimant is entitled to a share of 1/9 or 11.11% of all her late father’s assets of shares and stocks.
- “An order of this hon. court directing the defendants to account, tender and hand over all necessary documents with regard to administration, management and distribution of the estates of the claimant’s late father to any appointed administrator general.
- “A declaration that the claimant is entitled to 11.11%, being equivalent to 1/9 of shares with respect to all her late father’s estates of Mab farms and stocks listed in relief “25” above.”
- “An order of this honourable court directing the defendants to pay to the claimant the sum of N500,000,000.00 (five hundred million naira) only as general damages.”
What transpired in court
At the resumed sitting on Wednesday, Mahruz told the judge that hearing on his case was ripe.
But the defendant’s counsel, Adewale Adegboyega told the judge that he has filed a preliminary objection challenging the competence of the suit.
After listening to them, the judge fixed June 4 for a definite hearing.
He said,
- “The defendant’s notice of preliminary objection, and the claimant’s motions are hereby consolidated so that the preliminary objection and the instant suit will be taken together.
- “However, I must state that today is not convenient for the court to hear the matter.
- “Case adjourned to June 4, 2024 for hearing.”
What you should know
The FCT High Court has jurisdiction over several developments within the FCT.
A will is a testamentary document voluntarily made and executed but also falls under the purview of a competent court.
