Respondent upon the death of her husband, Barrister John Bassey Aniekan applied for the letters of administration to the Probate Registry of the High Court, Calabar in respect of the Estate. Appellant claimed to be the first son of the deceased from another woman – one Madam Nkoyo Asuquo Okpo.

Upon noticing that the respondent had applied for the letters of Administration, appellant filed a caveat at the High Court's Probate Registry and also filed an Affidavit of Interest asking to be joined as a co-administrator in respect of the estate.

Respondent then filed a counter affidavit with Exhibits A to G attached to it.

Appellant then filed a further and better affidavit of Interest with Exhibits "AA", "BB", "CC and "DD".

The appellant's mother filed an additional further and better affidavit dated 13/3/95 to which was attached Exhibits “EE”, “FF” and “GG”.

The learned trial Chief Judge dismissed the appellant's application.

Dissatisfied, appellant now appealed to the Court of Appeal.