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ATTOE & ANOR
V.
DAVID ATTOE & 3 ORS

(2021) JELR 113204 (CA)

Court of Appeal 5 May 2021 Nigeria
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- The appellants challenged the validity and enforceability of a document described as a codicil but used to revoke all previous wills and bequeath the entire estate of the deceased, Late Elder Onun Ntufam Oyube William Attoe, raising issue

Case Details

Suit Number:CA/C/71/2018
Judges:MOJEED ADEKUNLE OWOADE, JCA JAMES SHEHU ABIRIYI, JCA MUHAMMED LAWAL SHUAIBU, JCA
Counsel:B. Olusegun for the Appellant. C. I. Anyanwu for the 1st & 2nd Respondents. Dafe Diegbe for the 3rd Respondent. Ikoi E. Ikona, Dir. Civil Appeals CRS for the 4th Respondent.
Location:Calabar
Other Citations:(2021) JELR 113203 (CA)

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…

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