The present appellant was the defendant in an action in the High Court, Lagos, where the writ was endorsed as follows with regard to both the titles of the parties and the claims on the writ:-

Administrators of the Estate PLAINTIFFS Of JOSEPH ASABORO, deceased AND COMFORT ASABORO Administratrix of the estate DEFENDANTS of JOSEPH ASABORO, deceased

The plaintiffs' claim is for an order directing the defendant to execute before the Probate Registrar High Court Lagos the application for re-sealing the Letters of Administration of the estate of JOSEPH ASAB0RO, deceased.

ALTERNATIVELY, the plaintiffs' claim is for an order removing the defendant as Administratrix of the said estate and directing the Probate Registrar Lagos to re-seal the said Letter of Administration in favour of the plaintiffs."

The writ was at no time during the trial amended and the statement of claim filed by the plaintiffs (now respondents) avers in substance that the parties were the administrators of the estate of one Joseph Asaboro (who died intestate at Ikaro via Ifon in the Western State of Nigeria on the 2nd January, 1968. and having his fixed place to abode at the same place), that the High Court, Ibadan. Western State, had granted Letters of Administration to the parties for the administration of the estate of the deceased on the 30th April, 1969, that as the deceased intestate was having properties as well in Lagos it was necessary to re-seal the grant from the Western State in Lagos and that the defendant had become extremely uncooperative with the other administrators in the execution of the administration of the estate.

The High Court was informed at the trial that the original grant by the Western State had been revoked by the High Court of that State and it was not produced in evidence at the trial. The learned trial Judge rejected the claim to compel the appellant to execute administration forms, but made orders removing her as one of the administrators and also granted fresh and original Letters of Administration to the respondents in respect of the estate. The appellant appealed to the Supreme Court.