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BONNIE & ANOR
V.
AGI & ORS

(2013) JELR 34504 (CA)

Court of Appeal 20 Sep 2013 Nigeria
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- The dispute arose among siblings over the administration of the estate of Chief Joseph Asuquo Bonnie, who died in 1996; three respondents were named executrices in the alleged last will, prompting the appellants to challenge the validity

Case Details

Suit Number:CA/C/56/2011
Judges:MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria UZO I. NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria ONYEKACHI A. OTISI Justice of The Court of Appeal of Nigeria
Counsel:E. H. Andrew Esq. For Appellant F. O. Onyebueke with G. Ntui Ogra (Mrs) For Respondent

UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Cross River State sitting in Calabar delivered on 17th August, 2010. The parties to this appeal are siblings and children of Late Chief Joseph Asuquo Bonnie of Ekpo Abasi who died on 2nd September, 1996. After his funeral, his will was read making the three Respondents the executrices of his will. The Appellants were aggrieved and took out a writ in the High Court and in their amended statement of claim filed on 29th September, 2006 claimed as follows:

a. A declaration that the Defendants are not competent to solely administer the estate of Late Chief Joseph Asuquo Bonnie Ekpo Abasi, to the exclusion of the Plaintiffs.

b. A declaration that the Will purportedly made ,by the Late Chief Joseph Asuquo Bonnie Ekpo Abasi dated 2nd of January, 1990 was a forgery the same having not been made by Late Chief Joseph Asuquo Bonnie Ekpo Abasi.

c. An order revoking the Lette…

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