Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2021) JELR 108762 (CA)    

Court of Appeal  ·  CA/C/318/2016 ·  16 Jul 2021 ·  Nigeria
Mojeed Adekunle Owoade, JCA James Shehu Abiriyi, JCA Muhammed Lawal Shuaibu, JCA

Ratio Decidendi

Core Terms Beta
1st respondent
first son
oron road
claim of the appellants
due execution of the will
evidence of pw2
father of the appellants
high court
prima facie
1st defendant
1st plaintiff
1st respondent’s father
2nd respondent
circumstances of this case
custom of etebi usung inyang
death of the appellants
death of the father of the appellants
effect of iya uti ndo
entire front building
entire property
evidence of the respondents
following finding
high court of akwa ibom state
james shehu abiriyi
judgment of trial court
late father
lawal shuaibu
leading judgment
learned trial court
learned trial judge
leave of court
main building
mojeed adekunle owoade
native law
original notice of appeal
personal share of the property of my father
presence of witnesses
property of his late father
provisions of the statute
purported will
real property
said will
such place

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…

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