TABAI JCA (Delivering the Lead Judgment): This action was initiated at the Abeokuta Judicial Division of the High Court of Ogun State in July 1996, challengingthe Will of Chief TimothyAdeola Odutola dated 23rd of November, 1993 and Codicil thereto dated 14th of March, 1994. Chief T. A.
Odutola died on the 13th ofApril, 1995.Among his children were the twelve plaintiffs, the 3rd and 4th defendants. The claim endorsed on the writ of summons was:
“1. The plaintiffs claim as the lawful children and persons entitled in the event ofan intestacyto share in the estate ofChief Timothy Adeola Odutola (late)of Onibudohouse, Odutola street, Ijebu- Ode whodied onthe 13thday ofApril, 1995,to have the probate of a pretended Will and Codicil thereto of the said deceased dated 23rd November, 1993 and 14th day of March, 1994 respectivelygranted on the 13th day ofApril, 1995 revoked and the said Will pronounced against, and to have a grant of letters of administration of the estate of the deceased. Alt…