DUKE
V.
ADMINISTRATOR GENERAL, PUBLIC TRUSTEE & ORS

(2018) JELR 39017 (CA)    

Court of Appeal  ·  CA/C/206/2012 ·  12 Jan 2018 ·  Nigeria
CORAM
IBRAHIM MOHAMMED MUSA SAULAWA Justice of The Court of Appeal of Nigeria STEPHEN JONAH ADAH Justice of The Court of Appeal of Nigeria JOSEPH OLUBUNMI KAYODE OYEWOLE Justice of The Court of Appeal of Nigeria
Core Terms Beta
court
appeal
preliminary objection
suit no.hc
court of appeal
supreme court
3rd respondent
appeal no.ca
instant suit
paragraphs e
3rd defendant
abuse of court process
abuse of process
said judgment
subject matter
suit no. hc
notice of preliminary objection
high court
settled matter
calabar judicial division
conclusive effect
court of competent jurisdiction
honourable court
no.4 harcourt street
paragraphs c
said suit
1st appellant
abuse of the court process
appellants suit
appellate courts
circumstances of this case
constitutional right of appeal
e-b
favour of the 3rd defendant
fundamental issues
issue of suit no. hc
judgment of the cross river state high court
judgment order of this honourable court
leading judgment
lower court
magaji vs. n.a.
merchant bank ltd.
paragraphs c-f
paragraphs f a. see
paragraphs g
power of judicial review
respective briefs of argument
rules of cross river state
trite law

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment): The appeal is against the judgment of the Cross River State High Court holden at Calabar Judicial Division, delivered on October 17, 2011 in suit No.HC/53/2010. By the said judgment, the Court below, coram Okoi I. Itam, J. [of blessed memory as he then was), dismissed the Appellants suit on ground of being an abuse of process.

BACKGROUND FACTS

On March 23, 2010, the Appellant filed the said suit in the Court below vide a writ of summons seeking some declaratory reliefs against the Respondents. By the statement of claim thereof, the Appellant sought against the Respondents the following reliefs:

1. An Order setting aside the judgment order of this Honourable Court as delivered by Hon. Justice E. E. Ita, on the 2nd day of February, 2007 on grounds of fraud and suppression of facts.

2. A Declaration that the claimant is by virtue of parentage and as a beneficiary entitled to the estate of late Chief Okon Ekpo Duke with …

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