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MRS. IMADE IZE-IYAMU v. MR. OMORUYI ALONGE & ORS.

(2007) JELR 15720 (CA)

Court of Appeal  •  CA/L/184/03  •  9 Feb 2007  •  Nigeria

Coram
CLARA BATA OGUNBIYI JCA; RAPHAEL CHIKWE AGBO JCA; ADZIRA GANA MSHELIA JCA;

Judgement

ADZIRA GANA MSHELIA, JCA (Delivering The Leading Judgment): This appeal emanates from the decision of Lagos State High Court of Justice sitting in Lagos and delivered on 10th day of May, 2002 by Rhodes-Vivour J.

The brief background facts are as follows: One Chief Joshua Charles Ekome Alonge, the Obarisiagbon of Benin died on the 21st day of September, 1998 leaving behind a will. On 12th day of January 2001, the last will was read at the Probate Registry of the High Court of Justice Lagos State. The Appellant being one of the nine children of the deceased was present at the reading of the will. Appellant challenged the validity of the will on the ground that it was fraught with fundamental irregularities. As a result she caused an Originating Summons dated 5th of April, 2001 to be filed against the Respondents claiming several reliefs. Respondents raised an objection to the hearing of the originating summons and same was sustained by the trial court after hearing arguments from both p…

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