One Mr. George Bens Amu, a retired Assistant Commissioner of Police now deceased was married to two women (the 1st defendant/appellant. Mrs. Joana Amu and the 1st plaintiff/respondent – Mrs. Ebun Amu). The 2nd – 8th appellants are his children by the 1st defendant/appellant while the 2nd to the 7th plaintiffs/respondents are also his children through the 1st plaintiff/respondent. He was said to have suffered some infirmity towards the end of his life. The defendant/appellants contended that the late George Bens Amu died testate consequent upon which they raised up his will as being entitled to probate in solemn form. On the other hand, for reason of what they called forgery, incapacity, undue influence and/or duress the plaintiffs/respondents urged the court to declare the will of George Bens Amu dated 19th January,,1980 null and void and of no effect whatsoever and as such should be set aside. Their other two prayers are for an order of injunction and rendering of account by the 1st – 10th defendants/appellants. The 9th and 10th defendants/appellants are beneficiaries under the will. The 11th defendant is a nominal party – a public officer in whose custody the said will was lodged and kept.

The trial court in a considered judgment granted the three reliefs sought by the respondents. Aggrieved by the decision of the trial court, the appellants appealed to the Court of Appeal.