F. F. TABAI, JSC (Delivering the Leading Judgment): The action giving rise to this appeal was filed at the Ikeja Judicial Division of the High Court of Lagos State on or about the 24/5/91. The plaintiffs are the respondents in this appeal and the defendants, the appellants herein. The reliefs endorsed in the writ of summons and repeated in the statement of claims are:
(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;
(ii) An order that grant of Letters of Administration in solemn form for the administration of the said estate be issued to Mrs. Silva Teckia Obusez and Ademola Giwa Esq.
The 1st defendant/respondent filed a 27 paragraph statement of defence and counter-claim. The 1st defendant/respondent counterclaimed the following reliefs:
1. A declaration that the defendants are the only persons entitled to administer the estate of the late Cornelius Paul Obusez.
2. An order that a grant of Le…