Ratio DecidendiRatio DecidendiRatio Decidendi



AGIDIGBI
V.
AGIDIGBI & ORS

(1996) JELR 46140 (SC)    

Supreme Court  ·  SC.224/1992 ·  11 Jun 1996 ·  Nigeria
 · 
Other Citations
Agidigbi v. Agidigbi (1996) 6 NWLR (Pt.454) 300
Agidigbi v. Agidigbi (1996) 6 NWLR (Pt. 454) 300
CORAM
SALIHU MODIBBO ALFA BELGORE JSC IDRIS LEGBO KUTIGI JSC EMMANUEL OBIOMA OGWUEGBU JSC UTHMAN MOHAMMED JSC ANTHONY IKECHUKWU IGUH JSC

Ratio Decidendi

Core Terms Beta
1st defendant
benin city
court of appeal
dawson road
high court
learned trial judge
lower courts
1st defendant's appeal
last will
2nd defendant
customary law
mr. eghobamien
2nd defendants
3rd day of february
benin native laws
bini customary law
defendants
eldest surviving son
part of the judgment
said will
laws of bendel state of nigeria
respect of no. 34c
said no.
testamentary disposition of no. 34c
void clauses
1st defendant counter claims
account of all sums of money
account of the plaintiff
common form of law
costs of this appeal
dr mudiaga odje san
executor of the will of the testator
executrix of the last will
following issues
following orders
honourable court
honourable court of the grant of probate
honourable court reliefs
judgment of the learned trial judge
justice of the case
leading judgment
nephew of the testator
order of injunction
reserved judgment
said agidigbi uwagboe
testament of pa agidigbi uwagboe


KUTIGI, J.S.C. (Delivering the Leading Judgment): The parties herein are Executors and Executrix of the last Will and Testament of Pa Agidigbi Uwagboe (hereinafter called "the Testator"), as well as beneficiaries under the said last Will and Testament. The 2nd defendant is a nephew of the Testator while the other parties are only three of the Testator's children. By his last Will and Testament dated the 3rd day of February 1975 (Exhibit 80 in the proceedings), the Testator devised, bequeathed and gave his lands, houses, business interests, chattels and monies to his children, including his grand children, as well as his relations as fully provided and set out in his said last Will. The plaintiff's claims are set out in para. 28 of the Statement of Claim dated 9/3/82 which read as follows -

"28. WHEREFORE the plaintiff, as Executor of the Will of the Testator the said Agidigbi Uwagboe, and Beneficiary thereunder, seeks from this Honourable Court reliefs against the defendants as Execu…
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