MR. VICTOR NENGAK DIMKA (SUING AS NEXT FRIEND SOKMWA ABIGAIL DIMKA) V. STEPHEN GOTOM KUPTONG (EXECUTOR/TRUSTEE OF THE ESTATE OF FILIBUS SUWA DIMKA ”DECEASED”) & MRS. EVELYN DIMKA (GUARDIAN AD-LITEM OF GERALD KOPJI DIMKA)

ABBA BELLO MOHAMMED, JCA (Delivering the Leading Judgement): This is an appeal against the judgment of the High Court of the Federal Capital Territory, Abuja (the trial court), delivered on the 6th day of June, 2017 by Hon. Justice A. M. Talba. In the said judgment, trial court had dismissed the Originating Summons instituted by the 1st Respondent who was the Executor/Trustee of the Estate of Filibus Suwa Dimka (deceased), wherein he sought to include Sokmwa Abigail Dimka as a beneficiary of the Will/Estate of Filibus Suwa Dimka (Deceased). The Appellant, who was dissatisfied with the judgment of the trial court, sought and obtained leave of this Court to appeal as an interested party, i.e., as the Next Friend of Sokmwa Abigail Dimka. Having obtained the leave, the Appellant filed a three ground Notice of Appeal on the 19th of February, 2019, which is at pages 143 – 147 of the Record of Appeal. Originating Summons The Notice of Appeal was however amended vide Amended Notice of Appeal …