“It is said in Underhill’s Law Relating to Trusts and Trustees, 1959 ed. at p. 537-538 that- “It is generally inadvisable, however, to employ an originating summons for hostile proceedings against a trustee, and this procedure is, of course, quite unsuitable where the facts are in dispute, as the evidence is by way of affidavit.”

Per ADETOKUNBO ADEGBOYEGA ADEMOLA, JSC in DOHERTY V. DOHERTY (1967) LCER-445(SC) (P. 10, Paras A – B) #