Hariet Johnson V. Bafunke Aderemi (Formerly Johnson Now A..married Woman) And Others (1955)

LawGlobal Hub Judgment Report – West African Court of Appeal

Action for probate of will in solemn form—Form of summons—Joinder of
additional parties as appellants by West African Court of Appeal—Undue
influence and lack of testamentary capacity—Evidence required to prove will invalid.

Facts

The appellant was the defendant in the original action in the Supreme Court, Nigeria. In that action the Court found for the defendant and pronounced the will of the testator to be invalid and declared that the testator died intestate. The West African Court of Appeal reversed that decision pronouncing the will to be valid. In order to determine the appeal it allowed parties to be added as appellants who were not parties to the original suit.

For the appellant the main arguments were that the form of summons by which the action was instituted was the wrong one and the proceedings were null and void, and that the West African Court of Appeal had no power to add as parties to the appeal persons who were not parties to the original action.

Held

The form of summons issued to institute the action was incorrect but it was too late to raise any objection. The West African Court of Appeal had power to add parties as appellants who were not parties to the original suit. There was insufficient evidence to pronounce the will to be invalid.

Appeal dismissed.