LEGAL PRINCIPLE: SUCCESSION LAW – Letters of Administration – Purpose of Originating Summons for Grant of Administration – Determination of Beneficial Entitlement Not Required
PRINCIPLE STATEMENT
The purpose of the summons was not to determine who was the widow or who were entitled as beneficiaries to a share in the estate. Unfortunately the whole energy appear to have been directed to this latter issue. The order made by the Court below that plaintiffs and the 1st and 2nd defendants should submit a fresh application for the grant of letters of administration would, in my view, enure to the benefit of the plaintiffs as regards the relief sought by them to the originating summons. The fact that the 1st and 2nd defendants have been added by the Court below to join them in the administration of the estate would not, in my respectful view, prejudice the relief they sought.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Dejonwo & Anor v. Dejonwo & Ors (2000) NLC-591994(SC) at p. 4; Paras A–B.
"The purpose of the summons was not to determine who was the widow or who were entitled as beneficiaries to a share in the estate. Unfortunately the whole energy appear to have been directed to this latter issue. The order made by the Court below that plaintiffs and the 1st and 2nd defendants should submit a fresh application for the grant of letters of administration would, in my view, enure to the benefit of the plaintiffs as regards the relief sought by them to the originating summons. The fact that the 1st and 2nd defendants have been added by the Court below to join them in the administration of the estate would not, in my respectful view, prejudice the relief they sought."
EXPLANATION / SCOPE
An originating summons for grant of letters of administration is to determine who should administer the estate, not to resolve beneficial entitlement or identify specific beneficiaries. The court’s role is to appoint suitable administrators, not to adjudicate competing inheritance claims. Disputes over beneficial interests require separate proceedings. Adding parties to join in administration does not prejudice applicants seeking administration—they still participate. Confusing the purpose leads to unnecessary litigation. Courts must confine administration proceedings to the narrow question of who administers, not who benefits.