BODE RHODES-VIVOUR, J.C.A. (Delivering the Leading Judgment): The appellant as plaintiff sued the respondents on an amended Writ of summons and amended Statement of Claim:-
(a) That the court shall pronounce for the force and validity of the said will in Solemn form of Law (i.e. the last Will and Testament of Alhaji Abdul Fatai Adio odunewu who died on 30th October, 1990.)
(b) Removal of the caveat by the first defendants.
(c) An order compelling the Probate Registrar, High Court.
Lagos State to issue a grant of Probate for the administration of the Estate of the late Alhaji Abdul Adio Odunewu to the plaintiff.
The 1st to 5th respondents filed a statement of defence. The 6th respondent did not file a statement of defence and did not take part in the trial.
Seven witnesses testified for the plaintiff and the plaintiff was one of them, while the 2nd respondent and two others testified for the defence. Ten documents were admitted as Exhibits.
The facts are refreshingly clear.
Alhaji Abud…