IN RE: ITA
V.

(2018) JELR 38767 (CA)    

Court of Appeal  ·  CA/C/23/2017 ·  9 May 2018 ·  Nigeria
CORAM
CHIOMA EGONDU NWOSU-IHEME 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
appeal
appellant
preliminary objection
rule
1st respondent
order
appellate court
reply brief
rules of this court
2nd respondent
learned trial judge
legal effect
notice of appeal
oral argument
provisions of order
record of appeal
respondent fails
said estate
suit no. hc
abuse of court process
appellants brief
appellants counsel
appellate jurisdiction of this court
belated appellants brief of argument
chioma egondu nwosu-iheme
court orders
extant judgment of the high court
file
hearing of the appeal
high court of cross river state
incompetent briefs
joseph olubunmi kayode oyewole
judgment of the high court of cross river state
late father
late madam alice ibok ita
leading judgment
leave of this honourable court
letter of administration
lower court of jurisdiction
notice of preliminary objection
respect of the estate of the deceased
said action
stephen jonah adah
subject matter
supreme court
trial court
writing of brief of argument

JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Cross River State sitting in Calabar Judicial Division delivered on the 24th day of October, 2016 by IBITHAM J.

The appeal had its origin in an initial action in respect of the Estate of the Deceased, Late Madam Alice Ibok Ita who died intestate and owned two landed properties to wit; No. 2A Edgerley Road, Calabar and No. 7 Academy Street, Calabar. The 1st Respondent came into the said action via substitution for one of the original Plaintiffs who had a letter of administration from the High Court of Cross River State to administer the said Estate. The Appellant was a defendant in that case having been substituted for his late father, the 1st Defendant and counter-claimant who resided in one of the said properties and was collecting rents therefrom. The Appellant lost in the said litigation as he and his co-defendant were adjudged as having constituted t…

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