ADZIRA G. MSHELIA, J.C.A. (Delivering the Leading Judgment): The Plaintiff is the 1st son of Chief Oji Uke Anya (Deceased). The 1st defendant is the wife of the deceased and mother of the plaintiff. While the 2nd - 6th defendants are his siblings. When the deceased died there was quarrel over his estate i.e. properties. A will was produced purportedly written by the deceased. The plaintiff doubted this and so filed an action in the High Court of Enugu State, Enugu Judicial Division on 31st October, 2005 claiming against the defendants jointly and severally as per the amended statement of claim as follows:-
(a) A declaration that the plaintiffs father late Chief Oji Uke Anya who died on the 16th day of June 2004 at Enugu, Enugu State died intestate.
(b) A declaration that the document dated the 26th day of October 1998 purportedly deposited at the probate registry Enugu purporting to be the will and last testament of Chief Oji Uke Anya is void and of no effect whatsoever.
(c) A declara…