BODE RHODES-VIVOUR, J.S.C. (Delivering the Leading Judgment): The appellants/cross respondents as plaintiffs sued the 1st, 2nd and 3rd respondents/cross appellants as defendants before an Abeokute High Court.
The claim as endorsed on the Writ of Summon reads:
The plaintiffs claim as the lawful children and persons entitled in the event of an intestacy to share in the Estate of Chief Timothy Adeola Odutola late, of Onibudo House Odutola Street, Ijebu-Ode who died on the 13th of April, 1995 to have the probate of a pretended WILL and CODICIL thereto of the said deceased dated 23rd of November 1993 and 14th March, 1994 respectively granted on the 27th day of November, 1995 revoked and the said WILL pronounced against and to have a Brant of Letters of Administration of the estate of the deceased.
ALTERNATIVELY:
The plaintiffs as shareholders of Odutala Holdings Ltd claim a declaration that paragraphs 42, 77, 78, 79, 80, 83, 86, 87, 88 of the purported WILL dated 23rd of November, 1993 are…