(2002) JELR 44431 (CA)    

Court of Appeal  ·  CA/PH/191/93 ·  14 May 2002 ·  Nigeria
Other Citations
Ezenwere v. Ezenwere (2003) 3 NWLR (Pt. 807) 238
JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria SYLVANUS ADIEWERE NSOFOR Justice of The Court of Appeal of Nigeria MICHAEL EYARUOMA AKPIROROH Justice of The Court of Appeal of Nigeria
Core Terms Beta
statement of claim
power of attorney
exhibit c
1st appellant
silver valley estate
1st defendant
learned trial judge
trial court
lower court
purported power of attorney
statement of defence
undue influence
favour of the 1st appellant
prima facie
purported will
sum of n10,000.00
due execution of the will
entire silver valley estate
exclusion of other wives
high court
land registry
primary onus
2nd defendant
case of ajide v. kelani
cases of oredoyin v. arowolo
customary court official
deceased anthony ijeoma ezenwere
decision of the owerri high court
end of the trial
evidence challenge
judgment of the learned trial judge
large estate
leading judgment
life time
part of the estate
real property
retired customary court official
v. akure
validity of the documents
various places
will of late anthony ijeoma ezenwere

M.E. AKPIROROH, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Owerri High Court sitting at Owerri, delivered on 27th July, 1993 in Suit No. HOW/302/87.

The Respondents' case in the lower court put briefly was that the deceased Anthony Ijeoma Ezenwere, a native of Ndi Okike kindred of Aro Umuonyeche Owerri, was a retired Customary Court Official who married four wives and had eighteen children. During his life time, the deceased acquired real property in various places where he worked as Customary Court Official. On his retirement, he sold the properties and with the proceeds of sale and the assistance of his large family, he built a large Estate at Egbu Owerri which he named Silver Valley Estate.

Sometimes in 1986, when he had completed part of the Estate, he moved into the Estate with his most junior wife, Salome, 2nd defendant and her son, 1st defendant, and left his other wives and children behind at his ancestral house of four rooms, as t…

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