FELICIA OBIANIKA V. EMEKA CHINAGOLUM OBIANIKA & ANOR

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment):This is an Appeal against a part of the Judgment of J.C. Iguh. J. of the Anambra State High Court dated 17/02/2014 in Awka in the Awka Judicial Division.

By a Writ of Summons and statement of claim dated and filed on 24/04/2006, the Respondents as Plaintiffs claimed against the Appellant and 7 (seven) others as Defendants jointly and severally as follows.

a) A declaration that the document dated the 16th day of March 1998 purported to be the last Will and Testament of late Chief Dennis Obianika who died on the 7th day of April 2005 is not and cannot be a Will validly made or executed by the said Chief Dennis Obianika and is therefore null and void and of no effect whatsoever.

b) A declaration that the late Chief Dennis Obianika did not make any Will and or testamentary disposition at any time at all before his death on 7th day of April 2005.

c) A declaration that the absence of a valid Will, the late Chief Dennis Obianika di…