A. M. MUKHTAR, J.S.C.: (Delivering the Leading Judgment): The appellant initiated a court proceeding against the respondents by way of originating summons, seeking the determination of the following question:-
"1. Whether the executors and executrix, i.e; the 1st to 3rd respondents of the Will of Late Alhaja Adijatu Ayoola Balogun, have a right to refuse to pay probate and Solicitors fees and expenses, from the available funds in Afribank PLC, one of the deceased bankers or from any of her Bankers.
RELIEFS SOUGHT
i. An order that the Probate Fees of N8,493,286,000 be paid to the Probate Registrar from the N17,008,082.82 standing to the credit of late Alhaja Adijatu Ayoola Balogun (deceased) in her account with the 4th respondent, the Afiibank Issa Williams (Branch), Lagos.
ii. An order that the applicant solicitors fees of N8,000,000.00 and the valuation fees of N1,300,000.00 for their services for the issuance of the grant of Probate of the deceased's WILL, be paid to the applicant f…