JONAH & ANOR
V.
AKPADIAHA & ORS

(2021) JELR 108762 (CA)

Court of Appeal · CA/C/318/2016 · 16 Jul 2021 · Nigeria

CORAM

Mojeed Adekunle Owoade, JCA James Shehu Abiriyi, JCA Muhammed Lawal Shuaibu, JCA

Ratio Decidendi

Core Terms ^Beta

will

appellants

testator

respondents

evidence

counsel

issues

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…

JONAH & ANOR V. AKPADIAHA & ORS

JONAH & ANOR
V.
AKPADIAHA & ORS