JUDGEMENT: UGOCHUKWU vs KELECHI: Strange Case where a brother to China Based Businessman procured his Death Certificate and Letter of Administration to Withdraw $455k and ₦58m while he is alive

 

JUDGEMENT: UGOCHUKWU vs KELECHI: Strange Case where a brother to China Based Businessman procured his Death Certificate and Letter of Administration to Withdraw $455k and ₦58m while he is alive

IN THE ABUJA JUDICIAL DIVISION

HOLDEN AT APO, ABUJA

ON THURSDAY, THE 27TH DAY OF OCTOBER, 2022

BEFORE HIS LORDSHIP: HON. JUSTICE ABUBAKAR HUSSAINI MUSA

JUDGE

SUIT NO.: FCT/HC/CV/1382/2022

BETWEEN:

KELECHI UGOCHUKWU

CLAIMANT

AND

1. KENNETH U. KELECHI

2. THE PROBATE REGISTRAR, FCT HIGH COURT, ABUJA

3. ACCESS BANK PLC DEFENDANTS

JUDGMENT

By an Originating Summons dated and filed on the 28th of April, 2022, the Claimant, Kelechi Ugochukwu, instituted this action seeking the determination of the following question:

. Whether the Letter of Administration/Probate granted on 22nd July, 2020 to the 1st Defendant Kenneth U. Kelechi over the purported estate of the Claimant in this suit Kelechi Ugochukwu by the Registrar of FCT High Court, Abuja upon presentation of a fake death certificate of the Claimant by Kenneth U. Kelechi with No.: D130162315 dated 28th May, 2020 is valid and subsisting considering the fact that the Claimant is healthy and alive.

Upon a determination of the above question, the Claimant sought the following reliefs:

1. A Declaration by the Honourable Court that the Letter of Administration/Probate granted on the 22nd July, 2020, to 1st Defendant Kenneth U. Kelechi over the estate of the Claimant in this suit (Kelechi Ugochukwu) and upon presentation of a fake death certificate with No.: D130162315 dated 28th May, 2020 as null and void and of no effect.

2. An Order of Court setting aside any Order or Orders fraudulently obtained by the 1st Defendant Kenneth U. Kelechi purportedly flowing from the Letter of Administration/Probate dated 22nd July, 2020 over the estate of the Claimant.

3. An Order of Court directing the 3rd Defendant to immediately unfreeze and release all the monies in Account No.: 0024864050 with the sum of ₦58,512,169.44K and Account No.: 0024303214 with the sum of $455,088.65 belonging to the Claimant.

Claimant.

4. And for such other Order or Orders as the Honourable Court may deem fit to make in the circumstance.