ANYANWOKO
V.
OKOYE
TABAI JSC (Delivering the Lead Judgment): This action was commenced at the High Court of the Federal Capital Territory Abuja on or about 29 July 2003 by a process described and headed as “originating summons”. The plaintiffs were the respondents at the court below and also the respondents here. The defendant was the appellant at the lower court and also the appellant before this court. In the originating summons, the respondents prayed for:
A declaration that the 1st plaintiff is the lawful wife of the deceased, having been married under the Act. An order of court vacating the caveat filed by the defendant and her solicitor at the probate registry stopping the plaintiffs from obtaining letters of administration of the deceased estate. An order granting accelerated hearing of this suit.
And for further and other orders as this honourable court may deem fit to make in the circumstances. A notice of preliminary objection dated 10 October 2003 was filed. It prayed that the suit be struck …