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FATI WILLI ABBA & ANOR v. HELEN AUDU

(2017) JELR 37550 (CA)

Court of Appeal  •  CA/J/196/2014  •  23 Jun 2017  •  Nigeria

Coram
ADZIRA GANA MSHELIA JCA; UCHECHUKWU ONYEMENAM JCA; ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU JCA;

Judgement

ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU, J.C.A.(Delivering the Leading Judgment): This appeal emanated from the Ruling of the High Court of Bauchi State, Bauchi, delivered on February 14th 2014 by Hon. Justice M. A. Sambo, pursuant to the Appellants' application for amendment of their Statement of Defence. The Court refused the Appellants' application on the ground that it was overreaching and same was dismissed.

The gist of the facts constituting the instant appeal as contained in the printed Record before this Court is as follows:

The Respondent (the Plaintiff at the Court below) filed a suit against the Appellants (the Defendants at the Court below) in the main, to revoke, set aside and nullify the letter of administration granted to the Appellants in respect of the estate of one late Thomas Ali (Alias Lolo) as his first and surviving wife of a Christian marriage, and the mother of the deceased's three (3) children. That, the Appellants, sisters of the deceased were not competent or ent…

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