JOHN INYANG OKORO, J.C.A. (Delivering the Leading Judgment): Air Commodore Gbolahan Adio Mudasiru was a senior officer of the Nigerian Air Force and served the nation in various capacities within the Nigerian Military and was one time the Military Governor of Lagos State. The 1st Appellant was his wife while the 2nd - 4th Appellants are three of his five children. Air Commodore Mudasiru died in London on 23rd Sept., 2003 while on a visit there.
While the Appellants were making preparations for the burial of their benefactor, the 1st to 5th Respondents, caused to be read at the Probate Registry of the High Court of Lagos State, Lagos on 20th October, 2003 a Will dated 24th June, 2001 which they claimed was made by the Deceased. Thereafter, the 1st - 5th Respondents, claiming to be trustees and executors under the said Will, instituted case No HC 03C03621 against the 1st Appellant herein before a London Court in which they sought to take over the burial arrangements for the Deceased. Th…