Adelanwa Bamgboye
10 July 2009
Lagos — The Court of Appeal in Lagos Tuesday affirmed the judgment of the High Court, Chancery Division England and held that the widow of the former Military Administrator of Lagos State, late Gbolahan Mudasiru, Foluke Mudasiru is the legally recognized trustee of her late husband's will. In a unanimous decision on an appeal filed by Foluke Mudasiru, the court set aside the judgment of Justice Ishola of the Lagos High Court and held that the decision contained in the London judgment was valid and competent.
Foluke Mudasiru had through an ex-parte application applied to the Lagos High Court for an order that the foreign judgment in suit No HCO3CO3621 delivered on October 29, 2003 by Judge Master Seager Berry be registered as the judgment of the court but her application was refused by the court. The respondents - Ibrahim Abdulahi, Ladi Cole, Olufunmilayo Coker, Olusola Sowemimo and A. C. Mkparu had being parading themselves as trustees and executor of late Commodore Mudasiru estate.
They also challenged the London High Court decision which allowed the appellant, Foluke Mudasiru to bury her husband in London.
However, the Court of Appeal in its lead judgment delivered by Justice Isa Ayo Salami [OFR] held that the trail judge misconceived the issue when he held that the foreign judgment registered was materially different from the one obtained in England simply because the application to register the foreign judgment was not headed in the capacity in which the respondents sued in England.
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