BUFFI ODJEGBA & ORS V. MRS STICA ODJEGBA & ORS

RABIU DANLAMI MUHAMMAD, J.C.A. (Delivering the Leading Judgment): Gabriel Atatigho Odjegba died on 12/2/92 and was buried at Jeddo in Okpe Local Government Council. At the time of his death he had three wives and twelve children. He also left behind a house No.1, Ovedje Street. Okumagba layout, Warri, one uncompleted building and a parcel of land at Jeddo. The said Gabriel Atatigho Odjegba made a Will dated 7th May, 1987 in which he devised to his eldest son Buffi Odjegba and his brothers and sisters four rooms and two parlours in the main building in which he lived. He also devised to his son Francis Odjegba and his brothers and sister, six rooms. The said Will was read to the beneficiaries of the Will by the Probate Registrar, High Court, Asaba on the 17th day of July, 1997. The appellants herein are all children of the late Gabriel Odjegba. They were the plaintiffs at the lower court. It is their contention that their father, who had been sick from 1979 - 1992 had no testamentary c…