MR. JOSEPH ABACHOR ODEY V. ODEY OSBORN ATROGO & ORS

CHIMA CENTUS NWEZE, J.C.A.: (Delivering the Leading Judgment): At the High Court of Cross River State, holden at Ogoja, the first-sixth respondents in this appeal (as claimants) took out a Writ of Summons against the appellant herein and the seventh respondent in this appeal [as defendants]. They claimed declaratory; injunctive and other reliefs against them, pages 120 - 121 of the record.

Pleadings were settled and exchanged in accordance with the Rules applicable in the said court [hereinafter referred to as "the lower court."] In its judgment, delivered on March 12, 2012, the lower court found in favour of the claimants [now, the first- six respondents].

ISSUES FOR DETERMINATION

Aggrieved by that judgment, the appellant, who was the first defendant at the lower court, appealed to this court. He set out three issues for the determination of his appeal. The issues were framed thus:

1. Whether the trial Judge having in evidence before him the fact that 7th respondent disappeared to an…