In an action filed at Onitsha High Court, the plaintiffs/appellants prayed for the following reliefs:-
As against the 1st defendant
As against the 2nd defendant
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b
An order terminating the 2nd defendant from carrying on further duties in respect of the estate and full account to be rendered by the 2nd defendant."
The learned trial Judge delivered his judgment on 21st December, 1989 wherein he ordered as follows:-
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1
"The Letters of Administration given to Administrator-General and Public Trustees is hereby revoked.
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2
1st defendant is entitled to her interest as the lawful wife of the deceased.
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3
Her daughter Mary Ann is entitled to her interest as the only daughter of the deceased for her life OR until she marries which ever is earlier.
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4
The 1st son of the deceased Benjamin and William, the 4th son, to apply for letters of administration forthwith to ensure equitable Administration of their father's estate".
The first defendant appealed against that decision with particular reference to the fourth order. In the meantime, she sought a stay of execution of the order appealed against the pending determination of the said appeal. The application was argued and granted on 31st July, 1990. The appellants felt aggrieved and appealed against the stay.
