JACOB JEIYOL NYIANAKA (SUING UNDER THE ADMINISTRATOR OF THE ESTATE OF MR. ISSAC AKPENA NYIANAKA) V. MICHAEL ANYIKA

MOHAMMED BABA IDRIS, J.C.A. (Delivering the Leading Judgment): The Appellant herein, appealed against the ruling of the High Court of the Federal Capital Territory, Abuja in Suit Nov FCT/HC/CV/25/2015 delivered on the 9th of day of November, 2016 by Honorable Justice O. A. Musa wherein the Court upheld the preliminary objection of the Respondent as Defendant and consequentially dismissed the suit of the Appellant as plaintiff on the ground that the Letters of Administration obtained from the High Court of Benue State ought to be sealed in the FCT High Court before the commencement of the action.

The facts of the case leading to this appeal as adduced from the pleadings at the trial Court are to the effect that the Appellant commenced this suit vide a writ of summons on the 28th day of October, 2015 seeking declarative, injunctive reliefs, damages and possession and control over the property known as No. 138, 3rd Avenue, Gwarinpa II Estate Abuja. The reliefs sought by the Appellant were…