SAIDU TANKO HUSSAINI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Justice of Ogun State delivered on the 22nd June, 2017 in Suit No AB/110/2017 in respect of the action commenced by way of the Originating Summons which the appellant had filed in that Court on the 13th March, 2017. By the said Originating Summons, the claimant, now the appellant before us, sought for the determination of certain questions namely:
1. Whether the Claimant, who is the only surviving Executor to the Estate of Late Chief Isaac Oluwole Okesanya desirous of the performance of his duty as the Executor of the Estate can apply to the Honourable Court to grant him leave to commence the proving of the Will and Testament of Chief Isaac Oluwole Okesanya in fulfilment of the wishes of the testator contained therein?
2. Whether the Claimant whom together with his co-executor to the Will and Testament of Late Chief Isaac Oluwole Okesanya who had initially renounce…