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ELIJAH & ANOR
V.
ADMINISTRATOR-GENERAL AKWA IBOM STATE & ANOR

(2018) JELR 39236 (CA)

Court of Appeal 13 Mar 2018 Nigeria
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- Appeal dismissed; the Court of Appeal affirmed the High Court’s decision revoking appellants’ letters of administration and upholding the respondent’s right to administer the estate at No. 30 Esuene Street, Uyo. - Key legal principle: Whe

Case Details

Suit Number:CA/C/152/2014
Judges:IBRAHIM MOHAMMED MUSA SAULAWA Justice of The Court of Appeal of Nigeria CHIOMA EGONDU NWOSU-IHEME Justice of The Court of Appeal of Nigeria STEPHEN JONAH ADAH Justice of The Court of Appeal of Nigeria
Counsel:I.S. IBE-BASSEY, ESQ. For Appellant MRS. ANGELA MICK AKPABIO WITH HIM, MRS. ARIT H. ISANGEDIHI For Respondent

IBRAHIM M. M. SAULAWA, JCA (DELIVERING THE LEADING JUDGMENT): The instant appeal has resulted from the judgment of the Akwa Ibom State High Court, delivered on November 1, 2013 in Suit No: HU/308/2006. By the said decision, the Court below, coram Andrew E. Okon, J; dismissed Appellants case for lacking in merits.

BACKGROUND FACTS

The suit was initially instituted in the Court below vide a writ of summons. By the Further Amended Statement of Claim thereof, filed on June 24, 2009, the Appellants claimed against the Respondents the following declaratory and injunctive reliefs:

1) A declaration that the Plaintiffs are entitled to administer the Estate of Late Una Okon Elijah their brother and son who died intestate on the 15th day of November, 1984 by virtue of letters of administration issued to the 1st Plaintiff on the 24th day of February, 1994.

2) An order of Court revoking the letters of administration dated the 4th day of May 2006 obtained by the 1st Defendant through misrepresentation …

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