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…