An Ikeja High Court in Lagos State on Tuesday ordered Gladys Kanu, one of the three wives of late former Military Administrator of Lagos and Imo State, late Rear Admiral Ndubuisi, to serve the respondents an amended originating summons presented to the court within seven days.
The respondents in the suit are Kelly, Nigerian Navy, Simone Abiona (Nee Kanu) and Andrey Joe-Ezigbo (nee Kanu).
Others are Paula Ndidiamaka, Karen Johnson (Nee Kanu), Jeffery, Laura, Stephen, Josephine Ndubuisi-Kanu (wife) and Christine (wife).
Justice Christopher Balogun in his ruling orderedthe claimant’s counsel, Wale Adesokan (SAN), to serve the respondents the amended originating summon within seven days starting from today.
Balogun ruled: “The respondents are hereby given 14 days to file in their responses to the amended originating summon through their lawyers.”
The judge, who said that the case has not really started, noted that the only thing the court had been able to do was for the dead to be buried.
He said Adesokan had presented an amended application for the case to fully start.
He said: “The justice of the case is if you allow them to amend the originating suit so as to hear the case on the merit.
“It is not only the claimant that has something at stake.
“Your clients too also have something at stake.
“I will take the amended originating summon and if you also want to file an amended application, I will also take it because I am going to give everyone fair hearing in this case.”
Earlier in the proceedings, Adesokan had notified the court of a pending application dated March 22 and prayed the court to add paragraphs 2b and c in the amended originating summon dated March 7 to the suit filed by the claimant.
The counsel to the first, third to the ninth respondents, O.A. Sodiimu, had presented a counter affidavit dated April 5 to oppose the amendment originating summon, adding that the claimant formulated a new case.
Gladys in a suit marked LD/3685FPM/2021 is seeking the Nigerian Navy to calculate the entitlements of the late Kanu into a bank account.
She is also seeking to be declared the only legal wife and sole widow of the deceased.
She said she and the deceased lived together until his death.
She noted that was married to him for 27 years but was in a relationship with him for 31 years.
Balogun adjourned the case until May 12 for response on the amended summon.