<p>NWALI SYLVESTER NGWUTA, J.S.C. (Delivering Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Calabar, delivered on 23rd November, 1999. In the said judgment, the Court below dismissed the appellants&#x27; appeal against the judgment of the High Court of Cross River State sitting at Calabar in which the trial Court dismissed the suit filed by the appellants as plaintiffs. </p><p> In the High Court, the appellants then plaintiffs had claimed against the respondent (then defendant) as follows:</p><p> &quot;(1) A declaration that the pretended Will of the deceased is invalid.</p><p> (2) An order setting aside the pretended will of the deceased for want of due execution and form and as being inconsistent and unconscionable and failing totally of its purpose and intention.</p><p> (3) An injunction restraining defendant from executing said pretended will.&quot;</p><p> At the trial in the High Court each side called three witnesses and rested its case. The main addresses of learned counsel for the parties were…</p>