JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment delivered on 25th April, 2018 in the High Court of Cross River State in the Calabar Judicial Division sitting in Calabar. In the High Court (the Court below), the Appellants were claimants. The Respondent was the Defendant.
The action was by an originating summons. The originating summons sought for the determination of the following questions:
“1. Whether the learned Deputy Chief Registrar was right when she held that the claimants are not privies of Mrs. Grace Eno Okwese (nee Eno Okon Ekpuk) and thus entitled to issuance of Letters of Administration to manage the estate of Late Capt. Ita Orok in her place?
2. Whether the learned Deputy Chief Registrar did not err in law and thus left his judgment in Suit No. LA/15/2016 in a state of obscurity and confusion, when he failed to make pronouncement at to which of the properties constitutes the estate of the deceased, Capt. Okon Ita Orok?