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ADMINISTRATOR-GENERAL CROSS RIVER STATE V. CHUKWUOGOR (NIGERIA) LIMITED & ORS.

(2006) JELR 38300 (CA)

Court of Appeal  •  CA/C/65/2004  •  25 Apr 2006  •  Nigeria

Coram
SAKA ADEYEMI IBIYEYE JCA; CHRISTOPHER MITCHELL CHUKWUMA-ENEH JCA; NWALI SYLVESTER NGWUTA JCA;

Judgement

NWALI SYLVESTER NGWUTA, J.C.A. (Delivering the Leading Judgment): On 2/6/03 the plaintiffs commenced an action by writ of summons in the High Court of Cross River State Ikom Judicial Division. Endorsed on the writ are the following reliefs:

"1. A declaration that the estate which the defendant purports to manage is owned by the 1st plaintiff and therefore not subject to the Administrator-General Law Cap 3 Laws of Cross River State.

2. An order for the revocation of the letters of Administration granted to the 1st defendant.

3. An order of perpetual injunction restraining the defendants their agent's servants or privies from intermeddling with the estate of the 1st plaintiffs.

4. The sum of N10m as general damages for intermeddling with the estate of the 1st plaintiffs".

On the same day 2/6/2003 the plaintiffs filed a motion ex-parte pursuant to order 33 r.1 (2) of the High Court Rules of Cross River State praying the court for the following:

"1. An order of interim injunction restrain…

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