ONNOGHEN JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal holden at Port Hacourt in appeal No. CA/PH/55/98, delivered on 22 April 2004, in which the court allowed the appeal of the instant respondent in parts.
The respondent, as plaintiff instituted suit No. PHC/341/87 in the High Court of Rivers State, holden at Port Harcourt, in which he claimed the following reliefs in the statement of claim:
A declaration that the plaintiff who is the next of kin of Chief Christian O. Amadi (deceased) is entitled to the grant of letters of administration in respect of Plot 91, Gborokiri Layout, otherwise known as No. 3, Andoni Street, Gborokiri, Port Harcourt.
A declaration that the plaintiff is entitled to the assignment of the leasehold interest in respect of Plot 91, Gborokiri Layout, otherwise known as No. 3, Andoni Street, Gborokiri, Port Harcourt.
An ord er r evok ing and /or nullifying the letters of administration dated 15 February 1982, purpo…