EBUN OMOREGIE VS DIRECTOR OF PUBLIC PROSECUTIONS
September 5, 2025ODUMUYIWA ASHEKOYA Vs GANIYU JAIEOLA OLAWUNMI
September 5, 2025Legalpedia Citation: (1962-03) Legalpedia 03830 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Mon Mar 12, 1962
Suit Number: SC 30/1961
CORAM
ADEMOLA, JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
BRETT, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
LORETTA AKOFIRANMI
RESPONDENTS
AREA(S) OF LAW
PROPERTY LAW—ELEMENTS OF A VALID WILL—EXECUTION OF A WILL—PRINCIPLE OF OMNIA RITE ESSE ACTA
SUMMARY OF FACTS
The plaintiffs were appointed executor and executrix under the said Will. They applied for a grant to them of the Probate of the Will. The defendant was the testator’s daughter by his wife married under the Marriage Ordinance. The daughter entered a caveat prohibiting the grant of probate to the plaintiffs, contended that the Will was not genuine in that it was not signed by the testator.
HELD
I would therefore allow this appeal.
ISSUES
Whether the testator signed the Will before or after the two attesting witnesses, namely Mrs. Okuyiga and Mr. Reffel?
RATIONES DECIDENDI
APPLICATION OF THE PRINCIPLE “OMNIA RITE ESSE ACTA”
‘But the conduct of the testator, both in the preparation of the codicil and in the calling together of his witnesses, shows an anxious and intelligent desire to do everything regularly. That fact strengthens the presumption. That presumption is not, in my opinion, rebutted by the evidence of the two witnesses who think that the testator did not sign in their presence, for these witnesses were somewhat nervous and flurried on the occasion, and are accordingly confused and forgetful in the witness box.’ Per ADEMOLA C.J.F.
VALIDITY OF A WILL- HOW DETERMINED
‘My view of the matter is that where evidence of witnesses conflict in these matters, it is the duty of the Judge to take into consideration the whole circumstances of the case in deciding whether or not the Will is valid.’ Per ADEMOLA C. J. F.
CASES CITED
Young and Smith v. Richards, 163 E.R. 443
Blake v. Knight 163 E.R. 821
Cooper v. Bockett 163 E.R. 855.
Wright v. Sanderson, (1884), 9 P.D. 149
STATUTES REFERRED TO
The Wills Act (1 Vict. c. 26)
