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EKANEM ANSA OKOHO OTUDOR & ORS. V. EKPO ANSA OKOHO OTUDOR & ANOR

(2011) JELR 46759 (CA)

Court of Appeal  •  CA/C/134/2010  •  10 May 2011  •  Nigeria

Coram
KUMAI BAYANG AKAAHS JCA; MASSOUD ABDULRAHMAN OREDOLA JCA; ISAIAH OLUFEMI AKEJU JCA;

Judgement

KUMAI BAYANG AKAAHS, J.C.A.( Delivering the Leading Judgment): The Claimant/Applicant, suing by her next friends took out an Originating Summons against the Defendants/ Respondents jointly and severally seeking a determination of the following questions:-

"1. Whether it was right both procedurally and in substantive law for the Defendants/Respondents to issue and/or obtain another Letters of Administration in 1995 or any other time by the same Probate Division of the Cross River State High Court, when infact the existing Letters of Administration issued by the same court in 1974 was neither revoked nor nullified by an (sic) competent court of law.

2. Whether in view of an existing Letters of Administration issued by a competent court of law to 1974 this court would be right in law to nullify the subsequent Letters of Administration issued over the same property, same having been issued in error.

3. Whether if the subsequent Letter of Administration issued to the 1st Defendant/Responde…

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