CHIEF J.L.E. DUKE V. REV. (DR.) PETER ETIM DUKE

JOSEPH TINE TUR, J.C.A. (Delivering the Lead Ruling): The Appellant is alleged to be a half brother of the Respondent and supposed beneficiaries of the estate of their late father. The appellant is said to have refused to share the estate with the Respondent and other siblings of their late father. The appellant went to the Probate Court in Calabar, Cross River State to obtain letters of Administration as the sole administrator of the Estate. The Respondent entered a caveat and applied to be joined as a co-administrator of the estate. The Probate Court ruled in favour of the appellant on 17th September, 2009. The ruling was set aside on appeal by Hon. Justice Obojor Ogar of the High Court of Justice, Cross River State on 11th June, 2010. Being aggrieved the appellant appealed to this Court on 2nd July, 2010. On 19th July, 2010 the appellant deposited money in the lower court for the compilation and transmission of the records. The Registrar compiled but transmitted the records on 20th…