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EKPE ANSA OKOHO OTUDOR V. EKANEM ANSA OTUDOR

(2006) JELR 38323 (CA)

Court of Appeal  •  CA/C/69/2003  •  29 Nov 2006  •  Nigeria

Coram
CHRISTOPHER MITCHELL CHUKWUMA-ENEH JCA; NWALI SYLVESTER NGWUTA JCA; MOJEED ADEKUNLE OWOADE JCA;

Judgement

NWALI SYLVESTER NGWUTA, J.C.A. (Delivering the Leading Judgment): The Respondent, as plaintiff, instituted Suit No C/222/95 in the High Court of Cross River State, Calabar Judicial Division against the appellant, as defendant. He claimed the following reliefs:

"1. An order of perpetual injunction restraining the defendant by himself or his servant, agents, privies or representatives in interest from interfering or intermeddling in any way or shape with the estate of the deceased Ansa Okoho Eyo Otudor.

2. An order of perpetual injunction restraining the defendant from presenting himself as the lawful administrator or representative of the deceased's estate in any other way, however.

3. A declaration that the letters of administration dated 30th day of March, 1995 and issued to the defendant herein is null, void and of no effect."

Pleadings were duly filed and exchanged and trial in the matter opened before Ekpe, J. on 1st December, 1998. After the evidence in chief and cross-examinatio…

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