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

UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the leading judgment): This is an appeal against the judgment of the High Court of Cross River State sitting in Calabar delivered on the 11th June, 2010.

Appellant applied for Letters of Administration on the 26th November, 2006 at the probate Registry to administer the Estate of his late father, Chief Moses Etim Okon Inyang Duke, who died intestate on 20th of August, 1975.

On the 8th of January, 2007, Respondent filed a caveat to the application. After the hearing, the Probate Registry gave judgment in favour of the Appellant. Aggrieved by that decision, the Respondent applied for a Review as provided in Ord. 46 Rule 86 of the CRS High Court (Civil Procedure) Rules 2008.

On the 11th of June, 2010, the High Court set aside the judgment of the Probate Registry. Dissatisfied with the High court's judgment, the Appellant filed a notice of appeal with nine (9) grounds.

In his brief of argument, the Appellant distilled 4 issues for determination as…