(1975) JELR 46219 (SC)    

Supreme Court  ·  SC.114/1974 ·  21 Mar 1975 ·  Nigeria
Other Citations
(1975) 1 All N.L.R 30 Lemomu v. Alli- Balogun(1975) 3 S.C. 62
TASLIM OLAWALE ELIAS Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria
Core Terms Beta
learned trial judge
statement of defence
last will
said will
second plaintiffs
provisions of order
such evidence
third plaintiff
24th day of january
2nd p.w.
legal practitioner
probate of the said will
shadiya alli-balogun
smith street
state of mind
time of her death
3rd p.w.
attesting witnesses
close of the case
death of shadiya alli-balogun
english rules of court
estate of the said shadiya alli-balogun
high court of lagos state
inadmissability of the particulars
joint statement of claim
lagos high court
lawyer e. o. george
leading judgment
madam shadia alli-balogun
main point
medical evidence
medical practitioner
mr bashirudeen adewale agusto
nature of the claims of others
objects of his regard
own evidence
particulars of the allegation
probate registrar of the high court
said grant
solicitor mr bashirudeen adewale agusto
specific instances
submission of the learned counsel
support of paragraph
undue influence of 1st plaintiff
unsoundness of mind
virtue of the provisions of section
wishes of the deceased

A. FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Judgment): According to the averments in their joint statement of claim, the first and second plaintiffs (now appellants) are the executors named in the last Will and Testament dated 24th day of January, 1963, of one Shadiya Alli-Balogun (deceased) who died in Lagos on the 28th day of July, 1965. The third plaintiff who is now the third appellant is the principal beneficiary under the said Will. After the death of Shadiya Alli-Balogun, the first and second plaintiffs, through their solicitor Mr Bashirudeen Adewale Agusto (2nd P.W.) applied to the Probate Registrar of the High Court for the grant to them of probate of the said last Will and Testament (hereinafter referred to as the Will) but the three defendants (now respondents) entered a caveat against the said grant. Whereupon the plaintiffs claimed against the defendants in the Lagos High Court that the said Will be established and pronounced good and valid and that the first and s…

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