FREDERICK O. OHO, J.C.A. (Delivering the Leading Judgment): The Appellants (as claimants in the trial court) filed a writ of summons and a Statement of Claim on the 25th day of October, 2010 against the Respondents (also as Defendants at the trial court) claiming the following at paragraph 27 of the Statement of Claim.
"27 Wherefore the claimants claim as follows:
1. A Declaration that the Claimants and the 1st Defendant are entitled to be granted jointly letters of Administration of the Estate of Late Francis Dike Onyegbule who died intestate at the University Teaching Hospital Enugu on the 12th day of January 2009.
2. An order of the court directing the 2nd Defendant to grant Letters of Administration to the claimants and the 1st Defendant for the purposes of Administering the Estate of the said late Francis Dike Onyegbule."
By a statement of Defense dated the 7th day of March, 2011 the First Respondent denied the Appellant's claims. Pleadings were indeed front loaded and exchanged …