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By Janet Babajide (Miss) LLB  B.l. INTRODUCTION It is generally believed that a person possess the right to make a Will according to his wishes or desire. While this is true, can this right be said to be absolute? What is the position of the Customary Law and Islamic Law in respect of Wills making? To what extent is the Limitation Law applicable to issues of succession under the Customary Law? This case is a decisionof the Supreme Court and borders on succession/inheritance under the Bini Native Law and Custom viz a viz an action therefrom being caught under the tentacles of the Limitation Law of the old Bendel State. An overview of this case seeks to answer all the aforestated questions.

The role of evidence in trials can never be over emphasized. In both criminal and civil suits, evidence stands as the backbone of the trial; the foundation, upon which a party’s case is firmly built or otherwise. To have a solid case therefore connotes having the requisite pieces of evidence to nail it. His lordship, Ndukwe Anyanwu J.C.A while delivering the lead judgment in Kolo v. Lawan (2011) All FWLR (pt. 597) 725 at 744 defined