LEMOMU & ORS.
V.
ALLI-BALOGUN

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…