PAUL ADAMU GALUMJE, JSC (Delivering the Leading Judgment): Upon an application for issuance of originating summons filed on the 20th December 2006 by the Appellant, who was the plaintiff at the High Court of Enugu State against the Respondents herein, the Registrar High Court of Enugu State issued an originating summons on the 8th of March, 2007 in which the Appellant posed four questions and urged the court to grant the following orders: -
"a). THAT affidavit deposed to by Mr. John Chukwunweike Okonkwo SAN, (deceased) at the registry of the Enugu High Court on the 15th day of June, 1998 to the effect that the plaintiff herein was his only wife carries the full force of Law, and
b). THAT said affidavit was notice to the whole world with respect to the marital status of said Mr. John Chukwunweike Okonkwo SAN under native law and custom.
c). THAT the affidavit aforesaid operated to determine effectively the purported rights of the 1st Defendant vis a vis the Estate of said Mr. John Chukw…