JA'AFARU MIKA'ILU, J.C.A. (Delivering the Leading Judgment): In this case the plaintiff, now respondent, by way of a writ of summons dated 7th day of February, 2002 sued the defendants, now the appellants before the Onitsha High Court, Onitsha seeking for the following:-
(1) A declaration that the last and Testament of Akunnia Paul Nwachukwu Agbu (otherwise known as Testator) dated 2nd July, 1984 proved in common form of law on or about 4th February, 1986 by the plaintiff and the defendants herein is valid and or effectual as regards the testamentary disposition contained therein.
(2) An order that the estate left by the Testator by the operation of clause 49 and 7 of his Will be partitioned and distributed to the beneficiaries to the Will;
(3) An order removing the 1st defendant as the Executor and Trustee of the estate and appointing judicial trustees (administrator general) to partition the Estate.
(4) An order for account of all sums of money and or property comprised in the estat…