TONYA ABA FUMILAYO ZWENNES & 2 ORS vs. JACQUELINE L. ZWENNES & ANOR

The Applicant filed a motion for Joinder under Order 4 Rule 5 (2) (b) of C.I 47 for an order to join Ama Yetunde Nicola Kwabwe (nee Zwennes) to the instant application. The grounds of the application and the arguments advanced by Counsel for Applicant are twofold and can be neatly summed in paragraphs 8, 9 and 10 of the affidavit in support of the motion for joinder. They are as follows: “ 8. In the probated Will of the deceased he appointed his eldest daughter, the said Ama Yetunde Nicola Kwabwe (nee Zwennes) as a Third Executrix & Trustee to his estate to act in the stead of either the 1st Defendant or myself in the event of either of us being unable to do so. 9. That the third executrix, my eldest sister is also a beneficiary under the Will and is hereby gravely concerned in these proceedings and in the outcome of the instant suit which has been brought against her mother and i. 10. That I repeat paragraph 9 above and say that the joinder to this probate action of Ama Yetunde N.....