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.
(c) A Declaration that the Defendant being a maternal grandson in the Ezenwosu family is …