The respondents in this appeal are some of the children of one Alhaji Garuba Arije (deceased) and beneficiaries of his estate. He died intestate on 15/3/1977. The present appellant and one Alhaji Jimoh Arije were appointed by the family of the deceased to administer his estate on behalf of his children, who were all minors at the time of his death, until at least one of them attained maturity. The Letters of Administration were duly obtained. The children of the deceased however alleged that the administrators failed to live up to their undertaking, as they did not take care of them nor educate them. They also complained that the administrators failed to render account of their administration in spite of repeated demands. They therefore instituted an action against them along with the Probate Registrar before the High Court of Lagos State by way of Originating Summons filed on 9/7/1998. The appellant was the 2nd respondent. Affidavits and counter affidavits were exchanged between the parties.

Before the hearing of the Originating summons, there was an effort to resolve the matter amicably. As a result of negotiations between the parties, Terms of Part Settlement were filed, adopted and made the judgment of the Court on 21/9/1999 (pages 71-73 of the record). Pursuant to the said Terms of Part Settlement, the appellant renounced his position as Administrator of the Estate.

The respondents acknowledged receipt of original copies of all the title documents in respect of nine landed properties belonging to their late father hitherto in the possession of the Administrators. The properties were listed in a schedule to the Terms. The property at 13 Onayade Street, Ikorodu Road, Igbobi Lagos was a bone of contention and therefore not included in the Terms. Having regard to the controversial nature of the affidavits before the Court, pleadings were ordered, filed and subsequently amended. One of the administrators, Alhaji Jimoh Arije died and his name was struck out. The present appellant became the 1st defendant while the Probate Registrar became the 2nd defendant.

The plaintiffs sought some reliefs before the Court. The 1st defendant/appellant filed a Further Amended Statement of Defence and Counter-Claim also seeking some reliefs with respect to the property in dispute. In reaction, the plaintiffs filed a reply to the 1st defendant's Further Amended Statement of Defence and Defence to Counter Claim on 4/5/2005. They also filed a further Reply on 5/5/2005.

In a considered judgment delivered on 11/10/2006 the plaintiffs' claims were dismissed while all the reliefs in the 1st defendant's counter claim were granted in the following terms

Being dissatisfied with the judgment, the respondents herein appealed to the Court of Appeal, Lagos Division (the lower Court). The Court allowed the appeal on 7/7/2010 in the following terms:

"From the entirety of the documentary evidence before this Court, this appeal succeeds in Part. The decision of the learned Trial Judge contained in the Judgment of 11 October 2006 granting the reliefs in the counter-claim of the Respondent is hereby set aside. In its stead I enter judgment for the plaintiff as follows:

• 1
  "I declare that property situate at No. 13, Onayade Street, Ikorodu Road, Lagos is owned by ALHAJI GARUBA ARIJE (deceased) to the exclusion of any person(s).
• 2
  I declare that the property situate at Shifawu Street Surulere and listed as No. 5, in the Letter of Administration belongs to the said deceased.
• 3
  I order the 1st respondent to render a comprehensive Statement of Account of the deceased estate prepared by a Chartered Accountant stating income realized from the deceased estate from the period when 1st Respondent took over management and administration of same on appointment in 1977 till 1991.
• 4
  I order possession of the property at 13 Adebiaye Street Yaba, Lagos by the Appellant.
• 5
  Cost is assessed and awarded in the sum of N30,000.00 in favour of the Appellant."

The appellant was aggrieved with the decision and then further appealed to the Supreme Court.