UWEM ISAIAH UDO V. ETUKUDO FRIDAY DAN & ANOR

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A.(Delivering the Leading Judgment): The present appeal emanated from the High Court of Akwa Ibom State, holden at Eket Judicial Division. The judgment appealed against was delivered on February 20, 2013 by Ebienyie, J; in suit No. HEK/84/2003.

BACKGROUND FACTS

The circumstances surrounding the appeal are gleanable from the records of appeal. The suit was filed by the Appellant in the Court below vide a writ of summons on August 18, 2003. By the statement of claim thereof, filed on 20/11/03, the Appellant sought against the Respondents the following reliefs:

(a) A declaration of the Honourable Court that the purported gifts of the Plaintiffs lands to the 1st Defendant by late Madam Mary Udo Essiet of Nnung Udo Ewa family is a nullity.

(b) An Order of Court setting aside the said Will No. 405 dated 5th June, 2000 deposited at the 2nd Defendants office.

(c) An Order of the Honourable Court directing the 1st Defendant to vacate the plaintiffs lands situates …