TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment): The appellant was the plaintiff at the High Court of Justice of Anambra State, holden at Awka. He had vide a Writ of Summons, issued on 8th October, 2007, and with a Statement of Claim, contemporaneously filed on the same 8th October, 2007; prayed at paragraph 16 thereof, for the following reliefs:
a. A DECLARATION that Mr. Patrick Nnonyelu Okafor Ajakwe (deceased) was a man subject to the native law and custom of the people of Awka, Anambra State.
b. A DECLARATION that the document purporting to be the last Will and testament of late Mr. Patrick Nnonyelu Okafor Ajakwe is not the last Will and testament of late Mr. Patrick Nnonyelu Okafor Ajakwe who died intestate.
c. A DECLARATION that Mr. Patrick Okwuchukwu Ajakwe being the first son of the late Mr. Patrick Nnonyelu Okafor Ajakwe on the death of his father succeeded his father as the head of the family and inherited his fathers Obi being the piece or parcel of land known as N…