JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment delivered on 18th April, 2016 in the High Court of Akwa Ibom State sitting at Eket.
In the High Court (the Court below), the Appellants were the plaintiffs. The Respondents were the defendants.
The claim of the Appellants against the Respondents was for the following:
“(a) I want this Court to declare that the Will alleged to have been made by the late Akpadiaha Jonah Umoessien of Etebi Usung Inyang, Eket after the deceased had inter-vivo shared his personal and real property to his children in 2000 according to the tradition and custom of Etebi Usung Inyang, Eket is false and therefore null and void.
(b) That this Court should make an order on the Defendants to produce the so called Will before the Court for purpose of being nullified or set aside.
(c) A declaration that the said Will cannot convey title of any of the landed property of late Akpadiaha Jonah Umoessien of Etebi Usung Inyang, E…