HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the leading Judgment): This is an appeal against the judgment of Hon. Justice Roseline P.I. Bozimo (Chief Judge) of the Delta State High Court delivered on the 31/10/2006. Below are the undisputed facts that led to this appeal:
The deceased, late Tony Nokwai Okolonwamu was a native of Asaba, Delta State. He got married to Mrs. Theresa Nkem Okolonwamu, the 1st respondent, under Asaba native law and custom on 16/04/1963 and later under the Marriage Act in the Holy Cathedral Church, Enugu on 19/07/1974. The deceased later left for United States of America in 1986. In 1998, the deceased underwent a heart surgery in America.
He made a Will on 9/9/1999 in New York County, in the United States of America. Peter Okwusiaba and Ike F. Onyia attested the Will. The deceased came to Nigeria in December 1999 for the traditional marriage ceremony of his daughter-2nd respondent and Peter Okwusiaba. He died in the United States of America on 26/01/2003.
T…