NNAEMEKA CHUKWUOGOR & ANOR. V. CHUKWUOGOR (NIG.) LTD. & ORS.

OMAGE, J.C.A. (Delivering the Leading Judgment): The background of the facts of this appeal is as follows: The 2nd respondent commenced proceedings in the High Court of Cross River State which sat at Ikom, before Honourable Justice M. O. Eneji. The writ of summons which was issued on 2/6/2003, sought the following reliefs:-

(a) A declaration that the estate which the defendant purports to manage is owned by the 1st plaintiff and therefore subject to the Administrator General Law Cap. 3, Laws of Cross River State.

(b) An order for the revocation of the letters of administration granted to the 1st defendant.

(c) An order of perpetual injunction restraining the defendants, their agents, servants or privies from intermeddling with the estate of the 1st plaintiff.

(d) The sum of N 10 million as general damages for intermeddling with the estate of the 1st plaintiff.

Simultaneously with the issue of the writ of summons, the 1st plaintiff sought also an interim order of court in this form -

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