JOSEPH EKWEBELAM V. MRS GRACE EKWEBELAM & ANOR

MOJEED ADEKUNLE OWOADE J.C.A.: (Delivering the Leading Judgment): This is an appeal from the judgment I of Justice Maranzu J. in Suit No. HOW/121/92 delivered at the Imo State High Court Owerri on 21st day of August 1997.

By a Writ of Summons dated 24/4/1992 followed by a statement of claim dated 21/7/1992, the 1st Respondent as plaintiff before the court below claimed against the 1st defendant (now Appellant) as follows.

(a) A declaration that the letters of Administration granted by the Probate Registrar, High Court Owerri to the defendant, dated 9th September, 1985 was obtained by fraud in that the letters of Administration was granted pursuant to a forged letter dated 6th March 1985 purportedly written by Dr Sebastian A. Ekwebelam, the late husband of the Plaintiff and younger brother of the defendant, which letter purportedly authorized the defendant to be granted the letters of Administration of the Personal Estate of their late father Mr. Felix Soronnadi Ekwebelam to the exclus…