MUHAMMED L. SHUAIBU, JCA (DELIVERING THE LEADING JUDGMENT): This appeal is against the judgment of the High Court of Cross River State, sitting in Calabar delivered on the 3rd day of October, 2017 by Hon. Justice Eyo Ita dismissing the claimant’s claim at pages 424– 425 of the record of appeal as follows:-
“For the above reasons, I see no reason why the codicil (now will) herein should be set aside.
Having thus answered the questions posed, the claims of the claimant’s fail in their entirety and are hereby dismissed.
I pray the claimants work hard and amass property for their children to struggle over when they too die as they are doing here, as otherwise it will be a big shame on them.
I make no order as to costs so as to foster their family relationship but 5the claimants owe the 1st defendant their senior brother an apology.
The facts giving rise to this appeal briefly is that by an originating summons filed on 30/6/2014, the claimants approached the trial court for the determination of…