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EDEM & ORS
V.
BASSEY & ANOR

(2016) JELR 46571 (CA)

Court of Appeal 23 Mar 2016 Nigeria
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- The deceased, Rev. Envoy Aduk Joe Duke, died testate, leaving a Will (2003) and Codicil (2004), which devised rights of use and occupation in several properties to various named beneficiaries but made no explicit provision for "children."

Case Details

Suit Number:CA/C/376/2013
Judges:IBRAHIM MOHAMMED MUSA SAULAWA Justice of The Court of Appeal of Nigeria CHIOMA EGONDU NWOSU-IHEME Justice of The Court of Appeal of Nigeria ONYEKACHI AJA OTISI Justice of The Court of Appeal of Nigeria
Counsel:Mba E. Ukweni with him, E. E. Eteng,P. O. Arikpo, Miss Eno Edet,Miss J. B. Ikpeme and J.K.P. Iwala, Esq. For Appellant C. Anujulu, Esq. For Respondent

CHIOMA EGONDU NWOSU-IHEME, J.C.A. (Delivering the Leading Judgment):The Testatrix Rev. Envoy Aduk Joe Duke was said to have died in Calabar on the 29th of May, 2005 leaving a will and a Codicil dated 9th of September, 2003 and the 28th of September, 2004 respectively. Under the said Will and Codicil, she gave the right of occupation and use of her houses in Calabar at No. 20 Chamley Street, No. 20B Chamley Street, Nos. 21, 25 and 31A White House Street and No. 29 Inyang Street to various beneficiaries. She referred to some of these beneficiaries as "My Brother", "My Sister", "My Church", "My Nephew" and "My Niece" respectively.

There was no reference by the Testatrix to "my son" or "my daughter" implying that she had no biological child.

She devised a room at No. 21 White House Street, Calabar as seen in Clause 4(k) of the Will to Edem Bassey Antia (Eteka).

The Testatrix appointed the 1st Respondent as her Executor and Trustee to execute the Will as well as manage the Estate.

On the 31st …

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