THERESA. N. ORJI-ABADUA JCA (DELIVERING THE LEADING JUDGMENT): The proceeding leading to this appeal was first initiated on the 24th March, 1994 at the High Court of Cross River State of Nigeria, Holden at Calabar presided over by Hon. Justice E. E. Ita, wherein the plaintiff, suing as next of kin and/or agent and or representative of late Chief Orok Ita Orok as per the endorsement on his statement of claim, sought the following reliefs against the defendant:
"(i) Injunction restraining the defendant, its agents, servants and/or assigns from meddling by way of sale, take over or howsoever, with Late Chief Orok Ita Orok's property at Odukpani Road, Calabar registered as 96/96/62 of the Lands Registry, Calabar.
(ii) An order that the plaintiff has already cleared Late Chief Orok Ita Orok's indebtedness to the defendant through all the lodgments made since the Late Chief's demise.
(iii) ₦650,000.00 damages for embarrassing the plaintiff by sending someone to value/inspect the said property …