ISAIAH OLUFEMI AKEJU, J.C.A.: (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Anambra State holden at Awka delivered on 24/11/2006 in respect of two Suits with Nos. A/49/2004 and A/56/2004 that were consolidated for trial.
By the Writ of Summons and Statement of Claim filed at Awka Division of Anambra State High Court on 5/4/2004, Ben C. Emodi and Victoria A. Emodi as plaintiffs commenced suit No. A/49/2004 against (1) Mrs. Patricia Emodi (2) Orakwue Emodi (3) Amaechi Emodi (4) Chiago Emodi (5) The Administrator-General and Public Trustee, Anambra State of Nigeria, and (6) The Probate Registrar, High Court, Awka as defendants.
The plaintiffs sought the following reliefs:-
"1. A declaration that the plaintiffs are entitled to letters of Administration of the estate of the deceased intestate.
2. Against the 6th Defendant a grant of letters of Administration of the deceased intestate.
3. An injunction restraining the defendants from tamperin…