ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment): This appeal is against the Judgment of the High Court of Rivers State, delivered on 23rd day of March, 2009 in suit No PHC/719/1998 which judgment was in favour of the 1st Respondent, who was the claimant and against the Appellants and the 2 other Respondents. By the Further Amended Writ of Summons filed with the Further Amended Statement of Claim on 1/11/07, Duboye Graham-Douglas for himself and as Legal Representative of the Estate of Mrs. Gladys Claudiana Douglas sought declaratory and other Reliefs concerning the Will of Chief Donald Graham-Douglas, a former Chief Judge of Rivers State who was also a Justice of the Court of Appeal at one time. Mrs. Gladys Claudiana Douglas died in the course of the proceedings or trial at the lower Court.
This death led to amendment of the pleadings by both parties by which the case was fought with the claimant’s Further Amended Statement of Claim filed on the 1st day of November, 20…