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…