MRS. MABEL AFFIONG ONEWOKAE & ORS. V. MRS. JAEL VIOLA ONEWOKAE & ORS.

OGUNBIYI JCA (Delivering the Lead Judgment): This is an appeal against the decision of the High Court of Lagos State delivered on 18th December, 1997 wherein judgment was delivered in favour of the plaintiffs/ respondents.

The respondents at the lower court took out an action against the appellants for the reliefs predicated on their writ of summons at page 2 of the record of appeal, wherein they claimed per their statement of claim at pages 3 - 6, a total number of five declarative and injunctive reliefs which were as follows:-

“1. Declaration that the purported will and testament of the second plaintiff’s father and 1st plaintiff’s husband Edward Ikpakpeta Onewokae (deceased) dated the 5th day of December, 1991 purported to be executed by him is invalid, null and void and should not be admitted to probate.

2. Declaration that the signature purporting to be that of the late Edward Ikpakpeta Onewokae and endorsed on each page of the purported Will dated 5th December, 1991 is an imita…