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THE EXECUTORS OF THE ESTATE OF THE DECEASED MADAM CATHRIN EFEJUKU & ANOR v. MR. PETER JAMES AZIZA & ORS.

(2013) JELR 36117 (CA)

Court of Appeal  •  CA/L/36/2011  •  8 Feb 2013  •  Nigeria

Coram
RITA NOSAKHARE PEMU JCA; CHINWE EUGENIA IYIZOBA JCA; FATIMA OMORO AKINBAMI JCA;

Judgement

CHINWE E. IYIZOBA, JCA (DELIVERING THE LEADING JUDGMENT): The 1st Respondent as Claimant instituted an action before the lower court by a writ of summons dated January 30, 2009 claiming the following reliefs in the Amended Statement of Claim at pages 185-187 of the records:

1. "A declaration that the document dated the 16th day of April 2008 and alleged to have been written and executed by the late Fred Egbe of 4-6 Alexander Road, Ikoyi, Lagos was in fact not made by him.

2. Even if (which is not admitted) the said document was in fact made by the said Fred Egbe, the said document is invalid, null and void as to create a trust or constitute a will in respect of the Estate of the said Fred Egbe.

3. A declaration that the 1st-4th Defendants cannot act as Executors of the Estate of the deceased pursuant to the document dated 16th April 2008 as they were not in fact appointed Executors under the said document.

4. A declaration that the 1st-4th Defendants cannot act as Trustees of Fred Egbe Fo…

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