A Lagos State High Court in Ikeja has ordered the Nigerian Navy to pay the entitlement and benefits of the retired late Rear Admiral Ndubuisi Kanu, a former Military Administrator of Lagos, to an interest yielding dedicated account.
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Justice Christopher Balogun made the order on Monday in an ongoing proceeding of a suit filed by Chief Mrs Gladys Ndubuisi Kanu against her stepchildren and Nigerian Navy over the deceased’s estate.
In the suit, Chief Mrs Gladys is seeking to be declared as the only legal wife of the late Admiral Ndubuisi Kanu.
The respondents in the suit are children of the deceased, Kelly Kanu, Nigerian Navy, Simone Abiona (Nee Kanu), Andrey Joe-Ezigbo (nee Kanu), Paula Kanu and Karen Johnson (Nee Kanu), Jeffery Kanu, Laura Kanu, Stephen Kanu and Josephine Ndubuisi Kanu
Chief Gladys also sought an order of the court to declare that she is the only widow of the late Admiral Ndubuisi Kanu
She said that she and the deceased were co-habiting until his death. She noted that she was married to him for 27 years but she was with him for 31 years.
However, at the resumed hearing, Justice Balogun said the case and reliefs to be streamlined to the real issues excluding the burial.
Mr Tomilade Shodimu, counsel to first, third to nine defendants, told the court that the court had directed that all the nine pending applications be subsumed. He noted that he received an application for a claimant change of counsel.
The lawyer to the Nigerian Navy, Mrs CG Cirbam told the court that she had filed an application before the court to remove the service from the list of defendants since the burial of late Ndubuisi had been done.
Her position was opposed by the claimant’s counsel, O. Owoh, who informed that court that the Nigerian Navy’s name cannot be struck out now, noting that it is still holding the entitlement of the deceased.
The court however granted an accelerated hearing, noting that the two other women claiming to be wives of the deceased have children for him. The judge said that it is guided by the law and statute that all the children are entitled to benefit from their late father’s estate.
Justice Balogun further stated that there is nothing in doubt as regards the status of the children as according to the Administration of Estates Law of Lagos State, all the 10 children were legitimate children of the deceased
Subsequently, the court advised parties to ensure all court processes and papers are duly regularised as the proceedings will be set for trial. He adjourned to February 7.
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