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In this suit the extent and application of Article 22(1) of the Constitution and section 13(1) of the Wills Act, 1971, Act 360 have been invoked and comes up for fascinating discussions.
Plaintiff who claim to be a widow and upon the death of her husband of sixteen years, Lawrence Arthur Anthony, all her personal belongings had to be thrown out of her matrimonial home by the Defendant who was an ex-wife of the deceased husband together with the children of the Defendant, birthed this writ out of the Registry of the court, upon realizing that the Will of the late husband, whiles making the Defendant as the Executor/Trustee of the Will, did not make any provision at all, let alone a reasonable one for her, and accordingly sought the following reliefs:
i. A declaration that the Plaintiff is the surviving spouse of the late Lawrence Arthur Anthony (deceased).
ii. A declaration that the Plaintiff is entitled to a reasonable provision from the estate of the deceased in accordance with section …