EMMANUEL AKOMAYE AGIM, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal at Calabar delivered on 5-6-2007 in Appeal No. CA/C/133/2000 allowing the appeal to it against the judgment of the High Court of Cross River State High Court, at Calabar delivered on 31-3- 2000 in Suit No. C/532/96 and striking out the said suit.
The parties herein have filed, exchanged and adopted the irrespective briefs as follows- appellant’s brief, 1st respondent’s brief,2nd respondent’s brief, 3rd respondent’s brief and 4th respondent’s brief.
The appellant’s brief raised the following issues for determination -
“Whether from the initiating process at the trial court by the respondent’s counsel which was unsigned, the trial court or the Court of Appeal had jurisdiction to determine the matter.
Whether the learned Justices of Appeal were right when it allowed the appeal in spite of the fact that the appellant acquires interest in the property under the power of s…