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CHIEF EYO EDEM NSEFIK (SINCE DEAD) & ORS v. ROSEMARY MUNA & ORS

(2013) JELR 35530 (SC)

Supreme Court  •  SC.170/2007  •  13 Dec 2013  •  Nigeria

Coram
MAHMUD MOHAMMED JSC; OLUKAYODE ARIWOOLA JSC; MUSA DATTIJO MUHAMMAD JSC; KUMAI BAYANG AKA'AHS JSC; KUDIRAT MOTONMORI OLATUNKOBO KEKERE-EKUN JSC;

Judgement

MAHMUD MOHAMMED, J.S.C. (Delivering the Leading Judgment): The dispute between the parties in this appeal concerns the Administration of the estate of the late Mrs. Teresa Ekpenyong Nsefik (Nee Ekpenyong Eyo) of No. 18, St. Gregory Road, Eko Ekete Close, South West Ikoyi, Lagos, Lagos State who died on 12th March, 1989 leaving behind her Will dated 6th July, 1988. Upon the death of the deceased, the 2nd and 3rd Respondents in this appeal John Effion Asuquo and William Ene-Eyo Asuquo applied for and were granted probate of the Will of the deceased dated 6th July, 1988 after duly satisfying the necessary conditions for the grant. The grant was made under the High Court of Lagos State's seal and duly signed by the Probate Registrar. There was no caveat entered by any person before the grant of Probate on the Will.

However, the Plaintiffs now Appellants who did not take any steps against the application by the Defendants now Respondents for the grant of probate, brought their action at th…

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