Felix Udegbunam V. Hon. Justice Edmund Uzodike & Ors (2016)

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RITA NOSAKHARE PEMU, J.C.A.

 The Suit the subject matter of this Appeal, was instituted by Originating Summons and claim by the appellant (Plaintiff in the Court below) and filed on the 26th of May 1994 ? Pages 1 ? 5 of the Record of Appeal.

After considering same, on the 18th of July 1995, the lower Court delivered its Judgment, dismissing the Suit and refusing the Plaintiffs claim for forfeiture ? Pages 38 ? 45 of the Record of appeal.

The Appellant, dissatisfied with the Judgment of the lower Court, and pursuant to the Practice Directions of this Honourable Court, filed a Notice of Appeal on the 1st of September 1995 encapsulating seven (7) Grounds of Appeal ? Pages 46 ? 50 of the Record of Appeal.

In a process filed on the 29th of September 2014, the Appellant notified the Court and the advance party of the death of all the 1st set of Respondents.

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Even though the appellant alleged that they filed no process in Court, it is apparent that they were never substituted, but they however, from the records, filed a brief of Argument on the 13th April

1

2012.

FACTS OF THE CASE

The Appellant and the Respondent Adeline Udegbunam, had become beneficiaries of the Will and last testament of the deceased SILVANUS ABABIELO UDEGBUNAM, as eldest son and second wife respectively. The said Will was made on the 26th of October 1976. ? Page 6 of the Record of Appeal.

The Appellant prayed the Court below for construction of certain portions of the said Will, indeed Paragraph 4 of the last Will and Testament of his father, the testator, as it affects the Respondent.

The said portion of the Will, in its paragraph 4 had this to say ?

?,,,,,,,,, my house compound, poultry and incubator and poultry houses excluding the one adjoining the house occupied by Adeline Udegbunam except that grown up chicks will be shared equally among Felix, Nwabuko and Ifeakandu?.