NWALI SYLVESTER NGWUTA, J.S.C. (Delivering Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Calabar, delivered on 23rd November, 1999. In the said judgment, the Court below dismissed the appellants' appeal against the judgment of the High Court of Cross River State sitting at Calabar in which the trial Court dismissed the suit filed by the appellants as plaintiffs.
In the High Court, the appellants then plaintiffs had claimed against the respondent (then defendant) as follows:
"(1) A declaration that the pretended Will of the deceased is invalid.
(2) An order setting aside the pretended will of the deceased for want of due execution and form and as being inconsistent and unconscionable and failing totally of its purpose and intention.
(3) An injunction restraining defendant from executing said pretended will."
At the trial in the High Court each side called three witnesses and rested its case. The main addresses of learned counsel for the parties were…