Nze Edozie Okafor & Anor V. Ugwumba Uche Okafor & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment)

This Appeal is against the Judgment of the Hon. Justice Onuoha A. K. Ogwe, then sitting at Umuahia Judicial Division of the High Court of the Justice of Abia State of Nigeria which Judgment was delivered on the 21st day of February, 2011 dismissing both the main claim of the Plaintiffs (now 1st set of Respondents) and the Counter?Claim of the Defendants/Counter-Claimants (now Appellants).?

It would be recalled that the Plaintiffs in their Writ of Summons dated and filed on the 7th day of December, 2007 and the accompanying Statement of Claim dated and filed same date, sought for the following Reliefs against the Defendants jointly and severally:

?a. A Declaration that Chief Nzedioranma Uche Okafor made no Will in? his life time and therefore died intestate.

?b. A Declaration that having made no will, the Properties/Estate of Chief Nzedioranma Uche Okafor should be shared/devolved according to the Customs and tradition of Nkwukwo Village Unubi in Nnewi South Local Government Area of Anambra State and/or in line with the declaration made by

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the deceased on the 4th day of January, 2007.

?c. A Declaration that the purported Document titled ?Last Will and Testament of Chief Nzedioranma Uche Okafor? dated the 21st December, 2000 is a forgery and/or the deceased had no testamentary capacity to make same and therefore same, is null and void and of no effect whatsoever.

?d. An Order of Court setting aside the purported Will and/or pronouncing against same.

?e. An Order directing that the properties/Estate of Chief Nzedioranma Uche Okafor be shared/devolved on his beneficiaries according to the Custom and tradition of Nkwukwo Village Unubi in Nnewi South Local Government Area of Anambra State.

?f. An Order of Court restraining the 1st Defendant its agents, servants, privies from tampering and/or interfering with the properties/Estate of the Chief Nzedioranma Uche Okafor in any manner.

?g. An Order of Court restraining the 2nd Defendant, his agents, servants or privies from interfering with the properties/Estate of Chief Nzedioranma Uche Okafor save in accordance with the Customs and traditions of Nkwukwo Village, Unubi in Newi South Local

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Government Area of Anambra Sate.