RENNER AND ORS. V. RENNER

• Pages: 125-128

NIGERIAN SUPREME COURT CASES

[1961] N.S.C.C.

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125

equitable interest of the respondent fully justifies the decision of the learned Judge

in awarding to him the compensation payable in respect of this property.

I would add that, apart from the submission that there was no sale at all in 1938,

the appellants' case depended upon the exercise by the learned Judge of his equit-

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able jurisdiction to set aside the transaction of 1938, and in the circumstances of

the case I think that the learned Judge was right in not granting that relief.

For the reasons given in this judgment I would dismiss the appeal, with cost as-

sessed at twenty-four guineas.

Ademola, C.J.F.

I concur.

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Taylor, F.J. I

concur.

Appeal dismissed.

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RENNER AND ORS. V. RENNER.

1. OLABODE RENNER

20 2. MADAM IBIDUN OLOWU

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APPELLANTS

3.

HENRY IBITAYO OLOWU

V

ALBERT BABATUNDE RENNER

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RESPONDENT

SUIT NO. FSC 314/1960

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FEDERAL SUPREME COURT.

BRETT,

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F.J.

TAYLOR,

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F.J.

UNSWORTH,

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F.J.

4th May, 1961.

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Executors and Administrators - Real Estate - Administrator under Land Transfer

Act 1897 - Supreme Court Ordinance, C211, 1948 Ed section 14 - Vesting

- Implied assent - Commencement of Trusteeship - Western Region Administration

of Estate Law 1959 - Wizen inapplicable - Trust and Trustees - Removal

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Jurisdiction when exercised.

ISSUES:

1.

Whether an assent to the vesting of property in executors can be implied

2.

Whether executors who are also personal representatives can become trustees

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upon completion of administration.

FACTS:

The respondent, who was plaintiff in the High Court, brought this action as one

of the executors and trustees of the will of M.A. Renner, deceased, against the 1st

and 2nd appellants as the other executors and trustees and against the 3rd appel-

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lant as attorney for the 2nd appellant for an account. He also sought the removal

of the 2nd appellant as a trustee and an injunction against the 3rd appellant to re-

strain him from further interfering with the estate of the said M.A. Renner, deceased.

The appellants contended that they were not trustees as they had not assented

in writing to the vesting of the property in them.

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The High Court held that the appellants were trustees of the estate of said M.A.

Renner; that the 2nd appellant was too ill to carry on as trustee and that she be

removed as such and that the account and injunction sought be granted.

The appellants appealed.