Onus shifting in will disputes

Related decisions

• ODJEGBA V. ODJEGBA (2003)→

  Court

  Court of Appeal (Benin Division)

  Judgment date

  20 June 2003

  Summary of Odjegba v. Odjegba, addressing testamentary validity and customary law in wills in Delta State, Nigeria, with significant court findings and legal up

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  • abandonment of preliminary objection→
  • admitted facts under section 75 evidence act→
  • burden of proof on propounder of will→
  • conflict between will and customary law→
  • court of appeal rules, order 3 rule 15(1)→
  • customary law of succession→
  • due execution of will→
  • onus shifting in will disputes→