T. O. ELIAS, CJN (Delivering the Leading Judgment): This is an appeal from the judgment of Ovie-Whiskey, J., delivered in Suit No. W170/66 at the High Court, Warri, in which the plaintiff (herein respondent) claimed against the defendant (herein the appellant) in her final amended claim as follows: -
"A declaration that the defendant is not entitled to a share in the residuary estate of the late Y .K. Zaidan-deceased."
In the alternative, the plaintiffs claim is that the said residuary estate is to be distributed in accordance with Moslem Law".
In her final amended counter-claim, the defendant sought a declaration that she is entitled to:-
"(1) 5/6 (five sixths) of the residue of the immovable part of the estate of Yussuf Khalil Zaidan (deceased) lying and situate in Warri registered as No. 48 at page 48 in Volume 324, No. 11 at page 11 in Volume 480 and No. 11 at page 11 in Volume 484, of the Lands Registry in the office at Ibadan now at Benin City; together with all the houses, …