IBIYEYE JCA (Delivering the Lead Judgment): This is an appeal against the decision of the Calabar Judicial Division of the Cross River State High Court of Justice presided over by Effiom Eyo Ita J. The plaintiff initiated an action by an endorsed writ of summons filed on the 21st of March, 2005 seeking a number of reliefs against thedefendant. Subsequently, the plaintiff filed a statement of claim and in its paragraph 34 sought the following reliefs: “1. A declaration that the defendant is not the biological or foster or adopted or any son of the plaintiff.
A mandatory order directingthe defendant to drop the name of t he pla intiff, Oko Offoboc he , Oko-Offoboche, Offoboche, from the defendant’s name within 48 hours (forty-eight hours) of the delivery of the judgment in this case. An order of perpetual injunction restraining his privies, successors of the plaintiff, Oko Offoboche, etc from using or bearing the name Oko-Offoboche, Offoboche. An order of perpetual injunction restraini…