ADMINISTRATOR OF AN ESTATE - WHETHER AN ADMINISTRATOR HAS RIGHT OF OWNERSHIP OVER THE PROPERTY OF THE ESTATE OF A DECEASED PERSON  

 

Gbenga Babawibe
Joined: 8 months ago
Posts: 156
19/08/2019 10:15 am  
  • “Indeed, I make bold to say that not even the Administrators can sell the estate they are administering. In Ibrahim vs. Osunde & Ors (2009) LPELR- 1411 (SC) the apex court at pages 28-29 heldIt is wrong, in law, for an administrator of an estate or anybody claiming through him, to assimilate that property to his own, Equity will not even permit that under any guise. To say the least, it is gross abuse of office. Administrators or executors are trustees of the property placed in their care, so to say, on trust to the beneficiaries. A heavy duty is placed on those in whom trust and confidence are reposed to show the righteousness of their transactions with the property entrusted to them. No ownership known to law can ever be conferred on an administrator in respect of the property, subject-matter of that administration. Such an administrator, the like of S. E. Lawal, cannot have possession of such a property which will ever have any legal blessings. So S. E. Lawal cannot in the least, give out the possession of the property which never belonged to him, in law. The saying is that "No one gives who possess not." The Maxim is "NEMO DAT QOUD NON HABET" Indeed, he gives nothing who has nothing, again the Maxim is NEMO DAT QOUD NON HABET.
  • PER E.TOBI, J.CA IN THE CASE OF CHIDI UKACHUWUKU V. MR.AMOS OLATOKUNBO KUKOYI & ORS; LEGALPEDIA ELECTRONIC CITATION:LER(2019)CA/L/854/2008

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