Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



IGBOIDU
V.
IGBOIDU & ORS

(1998) JELR 45604 (CA)    

Court of Appeal  ·  CA/B/191/96 ·  26 Nov 1998 ·  Nigeria
 · 
Other Citations
Igboidu v. Igboidu (1999) 1 NWLR (Pt.585)
Igboidu v. Igboidu (1999) 1 NWLR (Pt. 585) 27
CORAM
OKAY ACHIKE Justice of The Court of Appeal of Nigeria SUNDAY AKINOLA AKINTAN Justice of The Court of Appeal of Nigeria RAPHAEL OLUFEMI ROWLAND Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
will
plaintiff
learned trial judge
1st defendant
respondents
exhibit
defendants
law
family compound
grounds of appeal
intention of the testator
1st may
lower court
personal estate
leave of court
issue
leading judgment
particulars of errors
2nd defendant
exhibit a
set aside
single issue
statement of claim
supreme court
trial
admission of exhibit a
benin high court probate registry
decision of the court
defence of bonafide claim
erroneous view
evidence of 1st defendant
face of the said will
family house
high court of justice of delta state
lagos state
late christian ighoidu
merit of the case
notice of appeal
order of interlocutory injunction
procedures of admission of exhibit a
purpose of this appeal
p.w.1 lives
real estate
second defendant
slight modifications
suit no. ag
valid authority

ROWLAND, JCA (DELIVERING THE LEADING JUDGMENT): The appellant was the plaintiff while the respondents were the defendants at the High Court of Justice of Delta State holden at Agbor in suit No. AG/65/91.

The plaintiff in the court below claimed against the defendants in his amended statement of claim the following reliefs:-

"(a) To set aside the Will purportedly made by late Christian Ighoidu on the ground or irregularity on the face of the said Will.

(b) To set aside the Will purportedly made on the 1st May, 1980 because it will work injustice to the children when the provisions are implemented.

(c) To set aside the Will so as to re-distribute the assets which are assigned to the non-children purportedly born by late Christian Igboidu."

Pleadings were ordered, filed and exchanged. The case then proceeded to trial, After reviewing the evidence adduced by both parties, the learned trial Judge in a reserved judgment said:-

"1. The Will Exhibit 'A' is valid and unimpeachable with a small…

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