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MRS. OLUFUNMILAYO W. TOMORI & ORS V. PROFESSOR OLUGBENGA OSOBA & ORS

(2016) JELR 48832 (CA)

Court of Appeal  •  CA/I/29/2006  •  23 Mar 2016  •  Nigeria

Coram
MONICA BOLNA'AN DONGBAN-MENSEM JCA; ALI ABUBAKAR BABANDI GUMEL JCA; NONYEREM OKORONKWO JCA;

Judgement

NONYEREM OKORONKWO, J.C.A.(Delivering the Leading Judgment): The appellants in this appeal were plaintiffs in the High Court in suit No. HCJ/108/2005 wherein, as such plaintiffs they sued the respondents herein as defendants in that Court claiming as follows:

A DECLARATION against the first and second Defendants that the purported will of the Deceased dated the 7th August, 1996 and prepared by the firm of Ayoola Omolewu and co. is null and void on the grounds that the said will was not made by the Deceased or otherwise not made with the full knowledge and approval of the Deceased.

A DECLARATION against the first and second Defendants that the will dated 24th day of October, 1994 is the last known, valid and subsisting will of the Deceased and therefore qualified to be admitted to probate as against the 1996 Will.

A DECLARATION against all the Defendant that the gift of the Main House of the Deceased at No. 11, Oya Street, Imepe ljebu-Ode (now No. 7 Taiwo Osoba street, Imepe ljebu-ode) by…

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