By Innocent Anaba

The first son of late naturalised Nigerian from Venlo, The Netherlands, Jacobus Roomans, Mr Simon Roomans, has lined up 11 witnesses to testify in the suit they filed at a Lagos State High Court sitting at Tafawa Balewa Square, challenging the will of late father, as the court resumes hearing in the matter today.

Recall that trial judge, Justice Oyebanji had on January 23, 2025, ordered parties in the suit to maintain status quo ante bellum. The judge made the order after hearing argument and counter-argumet for an injunction in the matter.

Claimants in the matter are children of late Jacobus Roomans, Simon Roomans, Kyle Roomans and Daniel Roomans, suing as next of kin of Jacobus Roomans entitled in the event of an intestacy.

Defendants are Mr. Luke Ilogu, SAN, Mr. Stanley Onuosa (sued as executors appointed by the purported will dated July 5, 2022), Ms. Maria Mahat, Master Romario Roomans (sued as sole beneficiaries named in the purported will dated July 5, 2022) and the Probate Registrar, High Court of Lagos.

Meanwhile, the 3rd defendant, Maria Mahat has listed six witnesses to defend the case, as she in her counter affidavit, stated that Jacobus Roomans was of sound mind when he made the will being challeged.

But Simon Roomans said he would reply on his witnesses, particularly the medical report evidencing a lack of testamentary capacity on the part of his late father at the time the will of July 5, 2022, was made.

Simon Roomans in a affidavit in support of the suit, stated, “The claimants have challenged the validity of the purported will dated July 5, 2022, on the grounds amongst others that my late father had been suffering from mental incapacity since in or about the year 2010, and did not have testamentary capacity to have made the purported will dated July 5, 2022.

“We have also challenged the validity of the purported will on the ground that the 3rd defendant, Ms. Maria Mahat took advantage of my late father’s mental infirmity to exercise undue influence over him, resulting in the making of the purported will in which my late father is alleged to have left his entire estate to her and her son, the 4th defendant.”

“In challenging the validity of the purported will, we have sought a declaration that my late father died intestate.”

Simon Roomans had added, “The claimants/applicants on March 5, 2024, filed a notice to Prohibit Grant of Probate, and a Caveat against the grant of probate of the purported will of the late Jacobus Roomans dated July 5, 2022.

“In response, the 1st and 2nd defendants/respondents on March 15, 2024, filed a warning to the caveator, after which the claimants filed an appearance to warning dated March 21, 2024, culminating in the commencement of this suit.

“No grant of probate has been made in respect of the deceased’s estate. There is a need to grant orders of interlocutory injunction restraining the 1st to 4th defendants from intermeddling with the Estate of the late Jacobus Roomans pending the determination of this suit,” he added.

But the defendants are challenging the suit, countering the contentions of the claimants.