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Delivering the Leading Judgment: He had real property in Lagos State and for most of his life was resident in Lagos State. The 1st appellant got married to the deceased on the 13th of December There are four children of the marriage.
The respondent is one of four. Her claims before a Lagos High Court were for: A declaration that the plaintiff, as a daughter of one L. Ukeje deceasedis the person entitled to the estate or one of the person entitled to share in the estate of the said L. An order that the grant of Letters of Administration dated 15th June, made to the 1st and 2nd defendants in respect of the estate of the said L.
Ukeje deceased be revoked and declaring the same to be null and void to all intents and purposes in law. An order of injunction restraining the 1st and 2nd defendants from administering the estate of the said L. An order that the grant of Letters of Administration of the said L.
Ukeje deceased be made to the plaintiff and the second defendant. Pleadings were filed and exchanged. Thirteen witnesses gave evidence for the defence.
Thirty-four documents were admitted as exhibits. Ukeje deceased and proceeded to grant reliefs 2, 3, and 4. The Court of Appeal Lagos Division agreed with the learned trial judge.
That court dismissed the appeal for lacking, merit. This appeal is against that judgment. Briefs of argument were duly filed in accordance with rules of this court.
The appellants brief was filed on the 14th of September while the respondents brief was filed on the 17th of December ISSUE 2 Whether the standard of proof required of the appellant in proving fraud and forgery is proof beyond reasonable doubt.
ISSUE 3 Whether the Court of Appeal was correct to have affirmed the judgment of the lower court when it held that the learned trial judge followed the procedures laid down by the Supreme Court.
After a careful examination of the issues formulated by both sides I am satisfied with the issues formulated by learned counsel for the appellant, but with some amendments or formulation of my own. Issues 1 and 4 questions the authenticity of some of the documents relied on by the respondent to prove that the deceased is her biological father.
Both issues can be taken as one. This Court and indeed an Appeal Court has the power to adopt or formulate issues that in its view would determine the real complaints in an appeal. The issues for consideration would now read: Learned counsel for the appellant adopted his brief filed on the 14th of September and urged the court to allow the appeal.
Learned counsel for the respondent adopted his brief filed on the 17th of December and urged the court to dismiss the appeal.He alleged that the nursing mother, her baby and the two men broke into the shop of one Mrs Okelola Bosede, and stole recharge cards of different network valued at N2,, five packs of Omo clean.
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