A. B. WALI, JSC (Delivering the Leading Judgment): In the High Court of the Rivers State of Nigeria, holden at Port Harcourt, the plaintiff Bernard Erefa Dan-Jumbo, issued out a Writ of Summons against (1) Dr. Stephen E. Dan-Jumbo, (2) Howells Dan-Jumho (3) Gabriel Obubra Dan-Jumbo (4) Alfred D.W. Jumbo (5) Probate Registrar, Port Harcourt claiming as follows:-
"CLAIM
the plaintiff's claim against the defendants is for the revocation of the grant of probate in respect of the Will of late Chief Emmanuel Erefa Jene made to the 1st to the 4th Defendants by the 5th Defendant on the 6th of July, 1976 without notice to the plaintiff", at a time plaintiff's appeal against the validity of the said Will was pending."
Issues were joined and pleadings were ordered, filed and exchanged. The 1st - 4th Defendants filed a joint Statement of Defence while the 5th Defendant filed a separate Statement of Defence. The plaintiff testified in support of his own case and called no witnesses. 1st Defendant …