Before Their Lordships
OLABODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria
OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria
JOHN INYANG OKORO Justice of The Supreme Court of Nigeria
CHIMA CENTUS NWEZE Justice of The Supreme Court of Nigeria
AMINA ADAMU AUGIE Justice of The Supreme Court of Nigeria
Between
1. TONY CHIBUEZE OKOLONWAMU
2. ARTHUR OKOLONWAMU Appellant(s)
AND
1. MRS. THERESA NKEM OKOLONWAMU
2. NGOZI ROSEMARY OKWUASABA (Nee Okolonwamu)
3. UCHE OKOLONWAMU
4. IFEOMA OKOLONWAMU
5. OFILI OKOLONWAMU
6. NWABUIKE OKOLONWAMU
7. NONSO OKOLONWAMU
8. OKWUDILI GODFREY ODUAH
9. ANTHONY IKEDIASHI
10. THEOPHILUS OKONKWO
11. PROBATE REGISTRAR Respondent(s)
…………………….A…………………….
AMINA ADAMU AUGIE, J.S.C. (Delivering the Leading Judgment): 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).
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.
