CHIEF HENRY ASUQUO ETIM & ORS V. MR. N.E.O. ETTA & ORS

JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment): The Appellants represent the Oqua Royal Family of Ikpai Qua Town Calabar and were the plaintiffs before the High Court of Justice, Cross River State, Calabar in suit No. HC/461/2003. They instituted a suit against the 1st-3rd Respondents who represent the Edet Family also of Big Qua Town, Calabar. The 4th-5th Respondents are from Kasuk Qua Clans, Calabar. The suit was initially initiated by the appellants against the 1st-3rd Respondents on 8th October, 2003. In the course of proceeding some of the parties died which necessitated their being substituted by order of the lower Court. The writ and statement of Claim and defence were subsequently amended. Trial proceeded when the 4th-6th Respondents applied and were joined by an order of the court made on 22nd June, 2011. Being aggrieved with the order of joinder the appellants filed an appeal against the ruling of the learned trial Judge on 23rd June, 2011 followed by a brief of a…