ABBA AJI, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of M. E. Akpiroroh, J. sitting in Asaba High Court in suit No. A/32/86 delivered on the 11th February, 1994.
The appellants as the Plaintiff before the lower court claimed against the defendant/respondent as per the writ of summons dated the 6th day of November, 1986 for the following reliefs:
(1) A declaration that the plaintiff is the executor of the Will/Estate of Madam Lydia Elikwu (deceased).
(2) A declaration that No.5, Marine Road, Cable Point Asaba is the property of Late Madam Lydia Elikwu.
(3) An order that defendant account for all the money received by her as rents accruing from No.5 Marine Road, Cable Point, Asaba since March 30th, 1976.
(4) An order that the defendant show cause why a fine exceeding one hundred Naira should not be imposed on her for intermeddling with the estate of late Madam Lydia Elikwu.
(5) Perpetual injunction restraining the defendant from further intermeddling …