(2002) JELR 44531 (SC)    

Supreme Court  ·  SC.56/1997 ·  7 Jun 2002 ·  Nigeria
Other Citations
Adaka v. Anekwe (2002) 12 NWLR (Pt.781) (2002) 6 S.C (Pt.II) 1
IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
trial court
supreme court
civil process law
restrictive injunctions
terms of settlement
judgment of the court of appeal
leading judgment
learned trial judge
preliminary objection
provisions of section
committal proceedings
decision of the court of appeal
high court law of eastern nigeria
judgment of the supreme court
laws of bendel state
order of court
a. i. iguh
avoidance of doubt
city engineer
clear understanding of the circumstances
contempt application
court of appeal enugu
decision of the trial court
end of the case
foreign court rules
foreign rules of court
high court of justice orlu
i. l. kutigi
lagos city council
order of injunction
order of mandatory injunction
order of the court
particular case
restraining order of injunction
rules of the supreme court of england
said decision
said suit
s. u. onu
trial orlu high court
u. a. kalgo
uhunmwangho v
virtue of section

U. A. KALGO, J.S.C. (Delivering the Leading Judgment): This is an appeal from the decision of the Court of Appeal, Port-Harcourt Division delivered on 9th day of April, 1997. In the trial court, High Court of Justice Orlu, the respondents commenced committal proceedings against the appellants for disobedience to the terms of settlement agreed to between the parties and made an order and judgment of the Supreme Court. The appellants raised a preliminary objection to the application for the alleged contempt. The trial court heard counsel for the parties on the objection and in a considered ruling delivered on 9th March, 1988, the learned trial Judge, Ononuju, J. overruled the preliminary objection and ordered that the contempt application be heard on its own merit. Against this order, the appellants appealed to the Court of Appeal which also dismissed the appeal and remitted the committal application to the trial court for hearing on the merits. The applicants then appealed here.

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