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WALTER B. ASUQUO BONNIE & ANOR V. MRS BERTY FINE AGI & ORS

(2013) JELR 34504 (CA)

Court of Appeal  •  CA/C/56/2011  •  20 Sep 2013  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; UZO I. NDUKWE-ANYANWU JCA; ONYEKACHI A. OTISI JCA;

Appearances
E. H. Andrew Esq. For Appellant F. O. Onyebueke with G. Ntui Ogra (Mrs) For Respondent

Judgement

UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Cross River State sitting in Calabar delivered on 17th August, 2010. The parties to this appeal are siblings and children of Late Chief Joseph Asuquo Bonnie of Ekpo Abasi who died on 2nd September, 1996. After his funeral, his will was read making the three Respondents the executrices of his will. The Appellants were aggrieved and took out a writ in the High Court and in their amended statement of claim filed on 29th September, 2006 claimed as follows:

a. A declaration that the Defendants are not competent to solely administer the estate of Late Chief Joseph Asuquo Bonnie Ekpo Abasi, to the exclusion of the Plaintiffs.

b. A declaration that the Will purportedly made ,by the Late Chief Joseph Asuquo Bonnie Ekpo Abasi dated 2nd of January, 1990 was a forgery the same having not been made by Late Chief Joseph Asuquo Bonnie Ekpo Abasi.

c. An order revoking the Lette…

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