HAMMA AKAWU BARKA, JCA (Delivering the Leading Judgment): The appeal before the court is against the decision of the High Court of Justice Cross River State, Calabar in suit with No. HC/49/2015, between Princess (lady) Modupe Oyekan Aliu and Mr. Charles Anthony Inang and two others, delivered on the 8th of December, 2016. By the said decision, the trial court reached the conclusion that:
I hereby restrain the claimant/defendant to the counter claim by herself, her children, heirs and privies from the portion partitioned to the Children of Prince Anthony Inang. I equally restrain the children of Prince Anthony Inang by themselves, children, heirs and privies from the portion partitioned to the Claimant/Defendant to the counter claim.
There is no dispute that the claimant was the head of the family of late Madam Theresa Okon Anse up till today that it has been partitioned. I agreed she was managing the family property for all its beneficiaries which included the children of late Anthony I…