MR. ABANG OJONG ABANG V. HON. PATRICK ORI NDOMA (FOR & ON BEHALF OF OVIDE CHILDREN OF LATE MR. NDOMA OF OKUNI IKOM)

MUHAMMED AWAL SHUAIBU, JCA (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Cross River State, sitting at Effraya delivered on 27th February 2012 in which the lower court dismissed the claim of the appellant and granted the respondent’s counter claim.  The appellant as claimant at the lower court took out a writ of summons both filed on 3rd March 2010.  In paragraph 15 of the statement of claim the appellants as claimants thereat claimed from the defendant/respondent as follows:-

1. Setting side paragraphs 7, 8 and 10 of the WILL of Late Mr. Ori Ndoma dated 10th March, 1999 and registered as No 951 of 5th May, 2005.

2. As order of injunction restraining the defendants, their agents or assigns from trespassing into the estate/property of late Mpanto Agbor.

3. The sum of N5,000,000.00 (Five Million Naira) for trespass.

Upon being served with the originating processes, the respondent herein filed a defence and counter-claimed thus: 

The counter claimants ther…