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ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Anambra State, sitting at Awka delivered on 30th March, 2006 in respect of Suit No. A/276/2001 which the appellants as plaintiffs instituted through the Writ of Summons filed on 17/10/2001 and the Statement of Claim subsequently filed on 9/1/2002.
The appellants are children of one Jeremiah Okonkwo Chidebelu through his wife, Mercillina Chidebelu who had pre-deceased the said Jeremiah Okonkwo Chidebelu that himself died on 23/6192. Madam Mercillina Chidebelu begat other children for the late Jeremiah Okonkwo Chidebelu apart from the two appellants, the eldest of which was one Michael that also died in 1995. The late Jeremiah Okonkwo Chidebelu allegedly deposited his will at the probate Registry of the Old Anambra State High Court, Enugu on 13/4/84. The appellants disowned the said Will and made efforts to prevent same from being read and/or admitted to probate.
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