ALI ABUBAKAR BABANDI GUMEL,JCA. (DELIVERING THE LEADING JUDGMENT): This is an appeal against the judgment of the Oyo State High Court delivered on 30th April, 2013 in suit no. 1/205/13.
The respondent herein was the claimant at the Oyo State High Court, she claimed for herself and her children in an originating summons dated 15/01/13 but filed on 22/02/13. In the summons, the respondent sought for the determination of the following 2 questions. They are:-
"1. Whether by virtue of the last will and testament of Late Captain Rufus Olaniyi Oloyede dated 6th day of March 2006, lodged at the probate registry of the High Court of Oyo State, the claimant and her children are not entitled to the possession of the house lying situate and being at NW7/82 Eleyele Ibadan (also known as NO. 28, Segun Oriola Street, Eleyele, Ibadan.
2. Whether by virtue of Order 55 Rule 30 of the High Court (Civil procedure) Rules 2010 of this honourable court, the court has powers to treat the appointment of Benjamin…