EZENWOSU
V.
AGBASI

(2003) JELR 44891 (CA)

Court of Appeal · CA/E/53/2001 · 28 May 2003 · Nigeria

CORAM

MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria JOHN AFOLABI FABIYI Justice of The Court of Appeal of Nigeria CLARA BATA OGUNBIYI Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

learned trial judge

trial judge

evidence

conclusion of evidence

trial court

final addresses

fair assessment

fair hearing

case of the appellant

ezeobi ezenwosu

family lands of ezenwosu family

landed property

last will

leading judgment

provisions of subsection

subject-matter of the will

testamentary capacity

transcript record of appeal

trial

anambra state of nigeria

case of the parties

chief judge of anambra state

claim of the appellant

completion of address

consequent delay

constitutional issue

defendant thereat

draft of the lead judgment

ezenwosu family

gifts of land

grant of an assignment order

high court of justice

judgment of keazor

judgment of the learned trial judge

late testator

long period

lower court

onus probandi

possession of the said lands

respect of the landed property

resulting miscarriage of justice

said gifts

said testator

serious issues

subject matter of the suit

validity of the judgment

virtue of the said will

way of testamentary disposition of any lands

JOHN AFOLABI FABIYI, J.C.A.: (Delivering the Leading Judgment): This is an appeal against the judgment of Keazor, J., while sitting at the High Court of Justice, Ekwulobia in Anambra State of Nigeria on 25th February, 2000. The claim of the Appellant was dismissed.

On page 4 of the transcript record of appeal, the Appellant herein, as plaintiff at the lower Court claimed against the Respondent herein and Defendant thereat, his agents, servants and privies as follows:

"(a) A Declaration that the Documents dated 5th January, 1992 purporting same to be the last Will and Testament of the late Ezeobi Ezenwosu of Okeani Village, Oko is void, ineffective and illegal.

(b) A Declaration that all the devise or gifts of land to the Defendant by the said late Testator (Ezeobi Ezenwosu) are invalid, void and of no effect as the said Testator has not the testamentary capacity to make the said gifts or devises.

EZENWOSU V. AGBASI

EZENWOSU
V.
AGBASI