CHIEF (MAJOR) G. O. O. DUKE (RTD) V. ADMINISTRATOR GENERAL, PUBLIC TRUSTEE & ORS

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment): The appeal is against the judgment of the Cross River State High Court holden at Calabar Judicial Division, delivered on October 17, 2011 in suit No.HC/53/2010. By the said judgment, the Court below, coram Okoi I. Itam, J. [of blessed memory as he then was), dismissed the Appellants suit on ground of being an abuse of process.

BACKGROUND FACTS

On March 23, 2010, the Appellant filed the said suit in the Court below vide a writ of summons seeking some declaratory reliefs against the Respondents. By the statement of claim thereof, the Appellant sought against the Respondents the following reliefs:

1. An Order setting aside the judgment order of this Honourable Court as delivered by Hon. Justice E. E. Ita, on the 2nd day of February, 2007 on grounds of fraud and suppression of facts.

2. A Declaration that the claimant is by virtue of parentage and as a beneficiary entitled to the estate of late Chief Okon Ekpo Duke with …