Woman Drags Siblings to Court over Late Father’s Estate

Mrs. Rachel Ajuwa (Nee Yekovie), one of the children of late Pa Edward Ubu Yekovie, has approached a Delta State High Court, Effurun, praying the court to restrain her siblings from selling, alienating, dissipating the whole or part their father’s assets pending the issuance of a Letter of Administration by the Delta State Government.

The claimant in suit number EHC/102/2023 filed by her lawyer, S E Moragon, is also seeking for a declaration that the dissipation, sale and otherwise alienation of the assets of the Estate of Pa Edward Ubu Yekovie or parts thereof by the defendants especially the 4th, 5th, 6th, 7th and 8th defendants without recourse to the other biological children of late Pa Edward Ubu Yekovie including the Claimant, is wrongful, illegal and of no legal effect, having regard to the clear provision of Section 50 (1) of the Administration Estate Law of Delta State.

Listed as defendants in the suit are Ms. Okiemute Yekovie, Mr. Tega Yekovie, Mrs, Uzezi Ugbaja, Mr. Jovi Yekovie, Mr. Rezi Yekovie, Mr. Maro Yekovie, Ms. Edesiri Yekovie, Mr. Emamo Yekovie, and Miss Efe Frank Yekovie

 Besides, the claimant is asking the court presided over by Justice R. D. Harriman to mandate the 4th, 5th, 6th and 7th defendants to render a comprehensive account of the sum of money they have collected as rents and/or for sale of part of the assets of Pa Edward Ubu Yekovie since his death intestate on December 1, 2021.

In a 12-paragraph affidavit deposed to by the claimant, she stated that the defendants especially 4th, 5th, 6th, 7th, and 8th defendants have benefited immensely from rents collected from the assets of Pa Edward Ubu Yekovie since his death intestate on December 1, 2021. 

She stated that since the death of their father, the defendants have been dissipating parts of the assets of their father’s Estate, composing a Boys Quarter and a Room Self-Contained apartments situate at Crystal Palace Estate, Edjeba, Delta State, by way of collection of rents from tenants or lease of same and conversion of the proceeds thereof to their personal use, without recourse to her or any member of the family.

The claimant also deposed in her affidavit in support of the Originating Summons that the 1st – 8th Defendants have a legal duty to her and other family members to not only render a comprehensive account of how much they have so far collected as rents from the property situate at Crystal Palace Estate, Edjeba, Warri, Delta Stale but to also pay the total amount collected by them into an interest yielding account, and where that is not possible, into the account of the Administrator-General of Delta State, pending the issuance of a Letter of Administration to them.

Consequently, she’s asking the court to determine “Whether the defendants, especially the 4th, 5th, 6th, 7th and 8th defendants are entitled to dissipate, sell or otherwise alienate the assets of the Estate of Pa Edward Ubu Yekovie without recourse to the other biological children, including the claimant, having regard to Section 50 (1) (c) of the Administration of Estate Law Cap Al Laws of Delta State.

The claimants is seeking the following reliefs: “a declaration that the dissipation, sale and otherwise alienation of the assets of the Estate of Pa Edward Ubu Yekovie or parts thereof by the defendants especially the 4th, 5th, 6th, 7h and 8th defendants without recourse to the other biological children of the late Pa Edward Ubu Yekovie including the claimant, is wrongful, illegal and of no legal effect, having regard to the clear provision of Section 50 (1) of the Administration Estate Law of Delta State.

“A declaration that the Defendants especially the 4th, 5th 1h, 6th, 7th and 8th defendants are not entitled to collect rents from the Estate of Pa Edward Ubu Yekovie or any part thereof without recourse to the other biological children of the said Pa Edward Ubu Yekovie including the claimant contrary to Section 50 {1} of the Administration of Estate Law of Delta State.

“A declaration that the Defendants especially 4th, 5th, 6th, 7th and 8th defendants are mandated, by law to pay the amount of money collected by them as rents or sate of parts of the assets comprised in the Estate of the late Pa Edward Ubu Yekovie into an interest yielding account and where that is not possible, into the account of the Administrator-General of Delta State, having regard to the fact that Pa Edward Ubu Yekovie died intestate on 1st December 2021 and a Letter of Administration is yet to be procured by the children of Pa Edward Ubu Yekovie.

“A declaration that the defendants especially 4th, 5th, 6th,  5th 6th , 7th and 8th defendants are mandated to render a comprehensive account of the sum, of money they have collected as rents and/or for sale of part of the assets comprised in the Estate of Pa Edward Ubu Yekovie since his death intestate on December 1, 2021.

The claimant is praying the court for an order compelling or mandating the defendants, especially the 4th, 5th, 6th, 5th 6th, 7th and 8th  defendants whether by themselves, their servants, agents or privies or howsoever named to disclose , and render a comprehensive account of the amount of money so far realized as rents or sale of parts of the assets comprised in the Estate of the late Pa Edward Ubu Yekovie since the demise of the said Pa Edward Ubu Yekovie intestate-on December 1st, 2021 till date.

An order of court compelling or mandating the defendants, especially the 4th, 5th, 6th, 5th 6th, 7th and 8th defendants whether by themselves, their agents or privies or howsoever named to pay the amount of money so far collected by them as rents or for the sale of part of the assets comprised in the Estate of the late Pa Edward Ubu Yekovie into an interest yielding account, and where that is not possible, into the account of the Administrator General of Delta State pending the final determination of this suit.

“An injunctive order of this honourable court restraining the defendants especially the 4th, 5th, 6th, 7 and 8th Defendants and each of them, whether by themselves, agents, privies or howsoever described from selling, alienating, dissipating the whole or part of the assets comprised in the Estate of the late Pa Edward Ubu Yekovie pending the issuance of a Letter of Administration by the Delta State Government and/or final determination.

The suit was initially fixed for mention on October 26, 2023, but could not be heard following the unfortunate demise of the 1st defendant.