ETIM BASSEY EFFA V. OFFIONG UKEH ESUK & ANOR

JOSEPH OLUBUNMI KAYODE OYEWOLE, 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 Judicial Division delivered on the 24th day of October, 2016 by IBITHAM J.

The appeal had its origin in an initial action in respect of the Estate of the Deceased, Late Madam Alice Ibok Ita who died intestate and owned two landed properties to wit; No. 2A Edgerley Road, Calabar and No. 7 Academy Street, Calabar. The 1st Respondent came into the said action via substitution for one of the original Plaintiffs who had a letter of administration from the High Court of Cross River State to administer the said Estate. The Appellant was a defendant in that case having been substituted for his late father, the 1st Defendant and counter-claimant who resided in one of the said properties and was collecting rents therefrom. The Appellant lost in the said litigation as he and his co-defendant were adjudged as having constituted t…