AJIBAIYE
V.
AJIBAIYE

(2007) JELR 20872 (CA)

Court of Appeal 17 Jan 2007 Nigeria
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This case involves a dispute over the validity of a will made by a deceased individual, Alhaji Disu Ajibaiye. The plaintiffs, who are the children of the deceased, filed an originating summons seeking a declaration that the will is invalid

Case Details

Suit Number:CA/IL/3/2006
Judges:MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Court of Appeal of Nigeria TIJJANI ABDULLAHI Justice of The Court of Appeal of Nigeria JUMMAI HANNATU SANKEY Justice of The Court of Appeal of Nigeria
Counsel:Mr. Temidire Esayin Esq Wale Adeniyi Esq For Appellant AND Mr. J.O. Baiyeshea Funke Abolarin Esq, Lukuman Ayinla Esq, Ismail Wahab Esq, Alex Akoja Esq and Uloma Ahia (Miss) Esq For Respondent

TIJJANI ABDULLAHI, JCA (Delivering the Leading Judgment): By originating summons filed by the Plaintiffs who are Respondents in this appeal the following two questions were sought to be determined as follows:

"1. Whether the documents dated 30th September, 2002 purporting to be the last WILL of Alhaji Disu Ajibaiye is valid having regard to the Wills Law of Kwara State.

2. Whether the Late Alhaji Disu Ajibaiye being a Moslem and Governed by Moslem Personal Law could make the document dated 30th September, 2002 purporting it to be a Will under English Law having regards to the Wills Law of Kwara State."

Based on the questions stated (supra) the Plaintiffs now Respondents claimed the following reliefs stated hereunder:

"1. A DECLARATION that the document dated 30th September, 2002 purporting to be the Last Will of Alhaji Disu Ajibaiye is invalid null and void and of no effect whatsoever.

2. A DECLARATION that the document dated 30th September, 2002 purporting to be the Last Will of Alha…

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