OGUNTADE, JCA (Delivering the Lead Judgment): The respondents were the plaintiffs in suit No. LD/1064/91 before the Ikeja High Court of Lagos State and the appellants the defendants. The plaintiffs claimed from the defendants the following reliefs:
“(i) A declaration that the 1st plaintiff and her five children are the only persons entitled to the estate of the Late Cornelius Paul Obusez and
(ii) An order that a grant of letters of Administration in solemn form for the administration of the said estate be issued to Mrs. Silvia Teckla Obusez and Ademola Giwa Esq.”
Pleadings were filed and exchanged. The 1st defendant filed a statement of defence wherein he raised a counter-claim thus:
“1. A declaration that the defendants are the only persons entitled to administer the Estate of the Late Cornelius Obusez.
2. An order that a grant of letters of administration in solemn form for the administration of the said estate be issued to the defendants herein.”
The plaintiffs filed a reply and stat…