Otubu & Ors v Otubu (Re Estate of Godfrey Itse Mene Otubu)

Otubu & Ors v Otubu (Re Estate of Godfrey Itse Mene Otubu)

Defendant accepted properties should be transferred but failed to do so effectively and withdrew from the process; court ordered substitution of personal representatives and alteration of land register to reflect proper ownership, remedying procedural errors as necessary.

Parties
Claimant: Oritsedere Samuel Otubu; Claimant: John Mone Otbu; Claimant: Joseph Ariogboma Otubu; Claimant: John Eyituoyo Otubu; Claimant: Alero Bosede Ogboghodo; Claimant: Mejebi Toritseju Mayor; Claimant: Oritsetimeyin Elizabeth Otubu; Defendant: Celia Sisi Chis Otubu
Jurisdiction
England and Wales
Judgment Date
20 May 2021
Procedural Posture
Probate / Final Judgment
Outcome
Claimants' relief granted; Defendant removed as personal representative; land register to be altered; no order as to costs.
Legal Topics
Removal of Personal Representative, Alteration of Land Register, Fraud Allegations, Administration of Estate
Probate Trusts Property Removal of Personal Representative Alteration of Land Register Fraud Allegations Administration of Estate

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Parties

Oritsedere Samuel Otubu

Claimant

John Mone Otbu

Claimant

Joseph Ariogboma Otubu

Claimant

John Eyituoyo Otubu

Claimant

Alero Bosede Ogboghodo

Claimant

Mejebi Toritseju Mayor

Claimant

Oritsetimeyin Elizabeth Otubu

Claimant

Celia Sisi Chis Otubu

Defendant

Procedural Posture

Probate / Final Judgment

Legal Issues

  1. 1 Whether the English Grant of Letters of Administration was obtained by fraud or improper means
  2. 2 Whether the Defendant should be removed as personal representative
  3. 3 Whether the properties should be transferred to the estate's trustees

Ratio Decidendi

Defendant accepted properties should be transferred but failed to do so effectively and withdrew from the process; court ordered substitution of personal representatives and alteration of land register to reflect proper ownership, remedying procedural errors as necessary.

Court Disposition

Claimants' relief granted; Defendant removed as personal representative; land register to be altered; no order as to costs.

Orders

  • 3rd and 4th Claimants appointed as substituted personal representatives in place of Defendant under s.50 Administration of Justice Act 1985.
  • Land register for Harley Road and Berkhamsted Avenue to be altered to substitute 3rd and 4th Claimants as registered proprietors in place of Defendant.