HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Honourable Justice E. F Ikponmwen of the Edo State High Court of Justice sitting at Benin City, delivered on the 2nd day of October 2008. The facts which led to this appeal are as follows:
The Plaintiffs/Appellants who are sons of late Peter Kadiri Eigbe (the Testator) instituted a suit by a writ of summons dated and filed on 5th February 2001 against the Testator's brother, wife and children respectively as defendants at the trial court, claiming the following reliefs:
A declaration that the purported WILL dated 18/5/2000 of the late Mr Kadiri Eigbe who died on 7/9/2000 was not properly and legally executed and that the deceased lacked the necessary animus testandi and the WILL is contrary to Esan Native laws and Customs and thereforc the whole WILL is null and void and of no effect.
ALTERNATIVELY:
a. An order setting aside the device in respect of the Bungalow at No.20 Es…