ADEREMI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling delivered by the High Court of Imo State sitting at Isiala Mbano in Mbano/Etiti Judicial Division in Suit No. HME/16/98 on the 27th April 1999. In the court below, the respondent who was the plaintiff in that court had, on behalf of himself and members of the family of the late Chief Joseph Ugoanyanwu Egbuziem, claimed against the appellant who was the defendant in that court the following reliefs:
"(1) Order nullifying the purported WILL of late Chief Joseph Ugoanyanwu Egbuziem of Ogbor Autonomous Community of Isiala Mbano within jurisdiction allegedly made on 1st March 1994 for being contrary to the Administration (Real Estate) Law of Eastern Nigeria applicable.
(2) Alternatively; An order for the defendant to prove or authenticate the purported WILL of late Chief Joseph U. Egbuziem.
(3) An order restraining the defendant by himself, servants, agents, privies or otherwise from further interferen…