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MRS. ADAMO AJIBAIYE v. RISIKA T AJIBAIYE & ORS

(2007) JELR 20872 (CA)

Court of Appeal  •  CA/IL/3/2006  •  17 Jan 2007  •  Nigeria

Coram
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JCA; TIJJANI ABDULLAHI JCA; JUMMAI HANNATU SANKEY JCA;

Judgement

TIJJANI ABDULLAHI, JCA (Delivering the Leading Judgment): By originating summons filed by the Plaintiffs who are Respondents in this appeal the following two questions were sought to be determined as follows:

"1. Whether the documents dated 30th September, 2002 purporting to be the last WILL of Alhaji Disu Ajibaiye is valid having regard to the Wills Law of Kwara State.

2. Whether the Late Alhaji Disu Ajibaiye being a Moslem and Governed by Moslem Personal Law could make the document dated 30th September, 2002 purporting it to be a Will under English Law having regards to the Wills Law of Kwara State."

Based on the questions stated (supra) the Plaintiffs now Respondents claimed the following reliefs stated hereunder:

"1. A DECLARATION that the document dated 30th September, 2002 purporting to be the Last Will of Alhaji Disu Ajibaiye is invalid null and void and of no effect whatsoever.

2. A DECLARATION that the document dated 30th September, 2002 purporting to be the Last Will of Alha…

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