Mrs. Imade Ize-iyamu V. Mr. Omoruyi Alonge & Ors. (2007)

LawGlobal-Hub Lead Judgment Report

ADZIRA GANA MSHELIA, J.C.A.

This appeal emanates from the decision of Lagos State High Court of Justice sitting in Lagos and delivered on 10th day of May, 2002 by Rhodes- Vivour J.

The brief background facts are as follows: One Chief Joshua Charles Ekome Alonge, the Obarisiagbon of Benin died on the 21st day of September, 1998 leaving behind a Will. On 12th day of January 2001, the last will was read at the Probate Registry of the High Court of Justice Lagos State. The Appellant being one of the nine children of the deceased was present at the reading of the WILL. Appellant challenged the validity of the WILL on the ground that it was fraught with fundamental irregularities. As a result she caused an Originating Summons dated 5th of April, 2001 to be filed against the Respondents claiming several reliefs. Respondents raised an objection to the hearing of the originating summons and same was sustained by the trial court after hearing arguments from both parties. Pleadings was then ordered by the court. Appellant who was the Plaintiff before the lower court then filed a 40 paragraph Statement of Claim dated 25th September, 2001 claiming against the Defendants now Respondents jointly and severally as follows:-

(i) A DECLARATION that the document read at the Probate Registry of the High Court of Lagos State on the 12th day of January, 2001 purporting to be a true and or valid WILL of Chief Joshua Charles Ekome Alonge (The Obarisaiagbon of Benin deceased), Late of No 7 Adeniji street, Surulere, Lagos is not a true and or valid WILL of the said Chief Joshua Charles Ekome Alonge (The Obarisiagbon of Benin).

(ii) A DECLARATION that the pretended WILL of Chief Joshua Charles Ekome Alonge (The Obarisiagbon of Benin (deceased) late of No. 7, Adeniji street, Surulere, Lagos read at the Probate Registry of the High Court of Lagos State on the 12th day of January, 2001 is null and void for non compliance with the applicable WILLS Law.

(iii) A DECLARATION that the said pretended WILL of Chief Joshua Charles Ekome Alonge (The Obiarisiagbon of Benin) (deceased), Late of No. 7 Adeniji street, Surulere, Lagos read at the Probate Registry of the High Court of Lagos State on the 12th day of January, 2001 is null and void as the purported signatures thereon are not his signatures.

(iv) AN ORDER SETTING ASIDE the said document read at the Probate Registry of the High Court of Lagos State on the 12th day of January, 2001 purporting to be a true and valid WILL of Chief Joshua Charles Ekome Alonge (The Obarisiagbon of Benin) (deceased), Late of No.7 Adeniji street, Surulere, Lagos on the ground of lack of validity and or by reason of the fact that the signatures on the Late Chief Joshua Charles Ekome Alonge (The Obarisiagbon of Benin) thereon are not his signatures.

(v) AN ORDER DIRECTING THE 1st, 2nd ,3rd and 5th Defendant to deposit in this court a copy of the WILL and Testament given to them by the late Chief Joshua Charles Ekome Alonge (The Obarisiagbon of Benin) for the purpose of establishing the true wishes of the said Testament.

(vi) AN ORDER OF INJUNCTION restraining the 1st, 2nd and 3rd Defendants from acting as Executors in respect of the estate of the Late Chief Joshua Charles Ekome Alonge (The Obariziagbon of Benin) pending The grant of Probate to the said estate.

(vii) AN ORDER COMPELLING the 1st DEFENDANT To give a true, full, detailed and frank account of all the Assets of the estate of the Late Chief Joshua Charles Ekome Alonge from the date of his death on 21st September, 1998 till date, showing specifically:-

(a) How much was realized and its source.

(b) How much was spent on what, when and whom the money was paid.

(c) How much rent and other money was due to the Estate and how much has been collected and how much is yet to be collected and from whom.

(viii) AN ORDER DIRECTING the Administrator General and Public Trustees of Lagos State to take over, manage and supervise the management of the following properties of the Estate of the Late Chief Joshua Charles Ekome Alonge within the Jurisdiction of this Honourable Court, namely:-