BEN C. EMODI & ORS V. MRS. PATRICIA C. EMODI & ORS
(2013) JELR 35631 (CA)
Court of Appeal
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CA/E/168/2007
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14 Mar 2013
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Nigeria
Coram
ABUBAKAR JEGA ABDUL-KADIR JCA
ISAIAH OLUFEMI AKEJU JCA
EMMANUEL AKOMAYE AGIM JCA
Appearances
Professor G.M. Nwagbogu For the Appellant;
Chief Ikenna Egbuna with Blessing Eze (Mrs) and Ikenna Okechukwu Esq. for 2nd-4th Respondents.
Judgement
<p><strong>ISAIAH OLUFEMI AKEJU, J.C.A.: (Delivering the Leading Judgment): </strong>This is an appeal against the judgment of the High Court of Anambra State holden at Awka delivered on 24/11/2006 in respect of two Suits with Nos. A/49/2004 and A/56/2004 that were consolidated for trial.</p><p> By the Writ of Summons and Statement of Claim filed at Awka Division of Anambra State High Court on 5/4/2004, Ben C. Emodi and Victoria A. Emodi as plaintiffs commenced suit No. A/49/2004 against (1) Mrs. Patricia Emodi (2) Orakwue Emodi (3) Amaechi Emodi (4) Chiago Emodi (5) The Administrator-General and Public Trustee, Anambra State of Nigeria, and (6) The Probate Registrar, High Court, Awka as defendants.</p><p> The plaintiffs sought the following reliefs:-</p><p> "1. A declaration that the plaintiffs are entitled to letters of Administration of the estate of the deceased intestate.</p><p> 2. Against the 6th Defendant a grant of letters of Administration of the deceased intestate.</p><p> 3. An injunction restraining the defendants from tamperin…</p>