ADEMOLA, CJN (Delivering the Leading Judgment): This is an appeal from the judgment of Bello, J. in the High Court of the North Central State Holden at Kaduna. The claim in that court against the defendant is for "a declaration that the probate dated 29/6/66 granted to the defendant in the matter of Yunusa Atanda Saibu (deceased) be revoked as the said Yunusa Atanda Saibu was a moslem, died as a moslem and left heirs and wives who are all moslems." The defendant is the sole executor of the said Yunusa Atanda Saibu.
Pleadings were ordered and filed. The relevant paragraphs of the statement of claim are paragraphs 4, 5 and 7 which are as follows:
"4. The said Yunusa Atanda Saibu being a muslim was not entitled to make such a will and probate should not have been granted in respect of the will, and as such should be revoked. The said will have contained bequests to heirs.
5. The said Yunusa Atanda Saibu was survived by three children including the plaintiff and one wife, all of whom are…