AG ANAMBRA STATE & ORS.
V.
OKEKE & ORS.

(2002) JELR 44609 (SC)    

Supreme Court  ·  SC.102/1997 ·  27 May 2002 ·  Nigeria
 · 
Other Citations
A.-G., Anambra State v. Okeke (2002) 12 NWLR (Pt.782) 575 (2002) 5 S.C (Pt.II) 58
CORAM
SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria
Core Terms Beta
court
defendants
appeal
court of appeal
5th defendants
6th defendants
preliminary objection
trial court
court of appeal act
committal proceedings
1st defendant
2nd-6th defendants
trial judge
clear days
committal application
full jurisdiction
personal service
6th respondents
attorney-general of anambra state
order of interim injunction
service of the endorsed copy of the order
6th appellants
affidavit evidence
civil process law
committal of the 2nd-6th defendants
committal of the defendants
court of first instance
decision of the court of appeal
issuance of form
leading judgment
3rd respondent
4th respondent
acts of disobedience of the said order
appeals of the 2nd-6th defendants
background facts
case of disobedience of the order
court file
disobedience of the order
exercise of the powers
following question
issue of incompetence of the appeal
judicial notice of such document
leading judgment of the court
lower court
notice of objection
proof of personal service of form
said order of the court
service of a notice
such bailiff
view ejiwunmi

E. O. AYOOLA, J.S.C. (Delivering the Leading Judgment): This is an appeal from the decision of the Court of Appeal [Achike, Ejiwunmi and Tobi, JJ.C.A (as they then were)] committing the 2nd, 3rd, 4th, 5th and 6th appellants (referred to in this judgment as "defendants") to prison for two months or to pay a fine of N500.00 each.

The background facts.

On 16th December, 1993, the respondents in this appeal (referred to in this judgment as "the plaintiffs") who had obtained an order of interim injunction against the defendants brought an application for committal of the defendants for their disobedience of the order. On 20th December, 1993 counsel for the plaintiffs withdrew the application against the 2nd and 5th defendants who had not been served. Those defendants were accordingly struck out from the application. The matter, then before Egbue, J. was adjourned to 21st of January 1994 for further hearing. By that date the matter had come before Anijah-Obi, J. who on 21st March, 1994 hear…

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