STEPHEN JONAH ADAH, JCA (Delivering the Leading Judgment): This appeal is against the decision of the Rivers State High Court Port-Harcourt delivered on the 29th day of April, 2009.
The facts of this case are swift and straight forward. The Respondent as Plaintiff at the Lower Court took out a writ of summons on the 17/1/2005 against the Defendant now appellant in this appeal and his mother Mrs Evelyn Ebere Nwuke (now deceased). In the writ and all the subsequent processes before that Court the Respondent endorsed her capacity as "suing as the executrix/trustee of the Estate of Late Chief J.H.E. Nwuke". (See pages 1, 5, and 6 of the Record of Appeal).
The Appellant after filing his statement of defence at the Lower Court, raised an objection contending that the Respondent lacked the locus standi to institute the action as an executrix of the Will when her position as executrix had been declared null and void by the Rivers State High Courts' judgment delivered on 2/12/1983. The Appell…