Tony Chibueze Okolonwamu & Anor V. Mrs. Theresa Nkem Okolonwamu & Ors (2019)

LAWGLOBAL HUB Lead Judgment Report

AMINA ADAMU AUGIE, J.S.C.

The Appellants, who claimed to be sons of Tony Nokwai Okolonwamu (deceased), challenged the validity of his Will, which favoured the first to seventh Respondents, at the Asaba High Court of Delta State.

They alleged in their Amended Statement of Claim that their late father did not make the Will dated 9/9/1999, and claimed as follows:

1) A Declaration that the document dated 9/9/99 purporting and or pretencing (sic) to be the Will of Tony Nokwai Okolonwamu (deceased), who died in January, 2003, at New York, U.S.A is null and void for not being the act of the deceased as well as for non-compliance with the relevant statutory requirements relating to Wills.

2) A Declaration that in accordance with the Asaba Customary Law of succession, the 1st Plaintiff, as the eldest son of the deceased, succeeds to the house/property lying and situate at No. 14 Uda Street and known as (Mrs. Udunma Obi Okolo’s House) in Umuda Umuaji Quarters, Asaba.

3) A Declaration that the Plaintiffs are entitled to a grant of Letters of Administration of the Estate of Tony Nokwai Okolonwamu (deceased).

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4) An order of perpetual injunction restraining the Defendants from executing the purporting Will of Tony Nokwai Okolonwamu(deceased) the subject of this Suit or administering, expending any monies or disposing of or dealing in any way with the Deceased’s property or any part thereof and monies in accounts or shares of the deceased.

5) A Declaration that the Power of Attorney made by the (deceased) Tony Nokwai Okolonwamu to any of the Defendants is null and void and that the real and personal estate devised, bequeathed or disposed of thereto are contrary to the Asaba Customary Law.

6) An Order compelling the Defendants to restore to the said Estate any part thereto unlawfully disposed of or dealt with by them.

7) Such further Order or other Orders as may be made and directions as the Court shall think just in the circumstances of the case.

The first to tenth Respondents (hereinafter referred to as the first set of Respondents), insisted that the deceased never married the mother of the Appellants and had only accepted them as his “foster children”; and they Counter-Claimed as follows in their own Amended Pleadings:

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(a) A Declaration that the Will dated 9/9/99 is the valid and subsisting Last WILL/Testament of Tony Nokwai Okolonwamu, who died on 26/1/2003.