An Ikeja High Court on Thursday ordered one of the wives of the late Rear Adm. Ndubuisi Kanu to serve the registrar of the court’s probate, an amended originating summons she presented to the court.
Kanu was Military Administrator of Lagos and Imo.
The court gave the order to Mrs Gladys Kanu.
The News Agency of Nigeria reports that the court had on April 12 ordered Gladys’s counsel, Wale Adesokan (SAN), to serve the respondents the amended originating summons within seven days.
The respondents in the suit are the children of the late naval chief, his two other wives – Josephine and Christine – and the Nigerian Navy.
On Thursday, Adesokan sought an order of the court to join the probate registrar in the suit but the registrar said she had not been served the originating summons.
Justice Christopher Balogun ordered the counsel to serve the probate registrar the originating summons.
“There is nothing to show that the probate registrar has been served.
“I want a fair hearing for all. The probate registrar will be served the amendment originating summons,” he ordered.
Balogun adjourned until May 16, hearing of the application to join the probate registrar in the suit.
Counsel to the second respondent in the suit (Nigeria Navy), C.G. Cirbam, had prayed the court to strike out her client’s name from the suit.
Balogun, however, requested for a proof of payment of gratuity to the deceased, from the Nigerian Navy.
“I know the law. What I am saying is that Navy should show evidence that the deceased’s gratuity has been paid.
“The Nigeria Navy has to do more work. How do we know if his gratuity has been paid?
” You are still here for sometime; so, be very patient,” the judge ruled.
Counsel for the deceased’s children, O. A. Shodimu, also prayed the court for extension of time for his clients to file and reply to the amended originating summons.
NAN reports that Gladys, in a suit marked LD/3685FPM/2021, is seeking the Nigeria Navy to calculate the entitlements of the late rear admiral into a bank account.
She is also seeking to be declared the only legal wife and sole widow of the deceased.
She said that she and the deceased lived together until his death.
She added that she was married to him for 27 years but was in a relationship with him for 31 years.
Balogun adjourned the case until May 16 for response on the service of the amended originating summons.