ANTHONY ODUNUKWE V. THE ADMINISTRATOR-GENERAL, EAST CENTRAL STATE

A. O. OBASEKI, J.S.C. (Delivering the Leading Judgment): The proceedings from which this appeal arose were commenced on the 21st day of July, 1971 in the Abakaliki Division of the High Court of Justice of the East Central State but which has since 1976 become a Division of the High Court of Anambra State. The particulars of claim as endorsed on the writ of summons by which the proceedings were commenced read:

"1. The plaintiff is the Administrator-General East Central State and administers the estate of Mba Ndukwe deceased by virtue of letters of administration granted to him on the 21st day of January, 1964.

2. The deceased, Mba Ndukwe died possessed of the premises No. 22B, Gunning Road, Abakaliki in Abakaliki Division and this premises forms part of the estate of the deceased the plaintiff is administering.

3. The plaintiff is entitled to the possession of No. 22B, Gunning Road, Abakaliki in Abakaliki Division hereinafter referred to as the premises.

4. After the death of the said …