(2003) JELR 44891 (CA)    

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

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

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