Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


ITA v DADZIE

(2000) JELR 80268 (CA)    
Court of Appeal  ·  CA/C/8/99 ·  23 Nov 2000 ·  Nigeria
 · 
Other Citations
(2000) 4 NWLR (Pt 652)
CORAM
DENNIS ONYEJIFE EDOZIE, J.S.C. (Presided) OKWUCHUKWU OPENE, J.S.C. (Read the Leading Judgment) SIMEON OSUJI EKPE, J.S.C.

Ratio Decidendi

Core Terms Beta
evidence
respondent
appellants
dw1
pleadings
learned trial judge
1st appellant
learned counsel
mayne avenue
due execution of the will
cross-examination
supreme court
leading judgment
pretended will
statement of defence
such evidence
trial judge
view of the fact
amendment of his pleadings
application of the respondent
evidence of dw1
exhibit b
points of law
real question
briefs of argument
following words
high court
circumstances of this case
desires of my late father
determination of this appeal
duty of a judge
etubom joseph eyo ita
evidence of the witnesses of the respondent
following principles
following reliefs
full trial
high court of cross river state
record of the trial court
rules of cross river state
rules of this court
said application
said judgment
state of the pleadings
trial judge evaluation of evidence
want of due execution
will of the testator

OPENE, JCA (Delivering the Leading Judgment): On 9/9/93, the appellants as the plaintiffs filed an action against the respondent in the High Court of Cross River State, holden at Calabar claiming the following reliefs:-

1. A Declaration that the pretended Will of the deceased dated the 24th day of March, 1992 is invalid and therefore liable to be set aside.

2. An order setting aside the pretended Will of the deceased for want of due execution and form and as being inconsistent and unconscionable and totally of its purpose and intent.

3. An injunction restraining the Defendants from executing the said pretended Will.

Both parties duly filed and exchanged their pleadings, and the matter went into a full trial, at end of which, the learned trial judge, Onnoghen J. (as he then was) on 28/1/98 delivered his judgment in which he dismissed the appellants' claim in its entirety.

Unhappy and dissatisfied with the said judgment, the appellants have appealed to this Court.

Both parties filed their bri…

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