William Agidigbi Vs Danaha Agidigbi & Anor (1996)

LAWGLOBAL HUB Lead Judgment Report

KUTIGI, J.S.C.

The parties herein are Executors and Executrix of the last Will and Testament of Pa Agidigbi Uwagboe (hereinafter called “the Testator”), as well as beneficiaries under the said last Will and Testament. The 2nd defendant is a nephew of the Testator while the other parties are only three of the Testator’s children. By his last Will and Testament dated the 3rd day of February 1975 (Exhibit 80 in the proceedings), the Testator devised, bequeathed and gave his lands, houses, business interests, chattels and monies to his children, including his grand children, as well as his relations as fully provided and set out in his said last Will. The plaintiff’s claims are set out in para. 28 of the Statement of Claim dated 9/3/82 which read as follows –

“28. WHEREFORE the plaintiff, as Executor of the Will of the Testator the said Agidigbi Uwagboe, and Beneficiary thereunder, seeks from this Honourable Court reliefs against the defendants as Executors/Executrix and Beneficiaries under the said Will as follows .

(1) As against all the defendants jointly and severally

A declaration that the last Will and Testament of Agidigbi Uwagboe (otherwise referred to as “the Testator”) dated 3rd February 1975 proved in common form of law on or about 20th April 1978 by the plaintiff and all the defendants herein is valid and/or effectual as regards the testamentary dispositions contained therein.

(2) An order that the Estate left by the testator be administered and/or distributed according to the tenor and/or provisions of his Will aforesaid.

(3) As against the 1st and 2nd defendants jointly and severally

An order of Injunction restraining the 1st and 2nd defendants from administering, expending, disposing of or dealing in any way with the property comprised in the Estate aforesaid or part thereof.

(4) As against the 1st defendant only and specifically

(i) An account of all sums of money and/or property comprised in the Estate left by the Testator received by the 1st defendant either by himself or by and/or through his agents, servants or attorneys belonging to or for on account of the plaintiff (and other beneficiaries) by virtue of the dispositions contained in the Will of the Testator.

(ii) An order for payment over and/or distribution to the plaintiff of all sums of money and/or property aforesaid found due to him (and other Beneficiaries) upon the taking of such account.

(iii) All further and/or proper accounts, inquiries, directions and orders as the justice of the case shall require.

(5) In the alternative to relief 4 above,

The plaintiff claims against the 1st defendant the sum of N900,000.00 (nine hundred thousand naira) being money had and received by the 1st defendant to the use of the plaintiff (and other Beneficiaries).”