(2001) JELR 44292 (CA)    

Court of Appeal  ·  CA/E/138/98 ·  23 Apr 2001 ·  Nigeria
Other Citations
Agu v. Anyalogu (2002) 14 NWLR (Pt.787)294
EUGENE CHUKWUEMEKA UBAEZONU Justice of The Court of Appeal of Nigeria JOHN AFOLABI FABIYI Justice of The Court of Appeal of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria
Core Terms Beta
high court rules
1st respondent
appellate court
learned trial judge
court of appeal rules
trial court
committal of the 1st respondent
supreme court
anambra state high court rules
civil process
grounds of appeal
judgments enforcement
notice of appeal
1st defendant
behalf of the respondents
common issue
competence of the trial court
court order
enugu state
interlocutory injunction
learned counsel
suit number of that appeal
trial judge
above quoted rule
civil cases
due diffidence
emmanuel ezeilo
enugu high court
following terms
high court rules of anambra state
issue no.2 of the appellants points
issue number
judgments enforcement rules
leading judgment
lower court ceases
notice of preliminary objection
relevant grounds of objection
respondent felt
said contempt
trial court of its jurisdiction

FABIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling, handed out by Ugwu, J., as he then was, sitting at Enugu High Court, on 16th April, 1997.

It is apt to state briefly, the background facts leading to the above stated ruling under fire. On 3-5-94, Onyia, J. made an order in favour of the plaintiffs/appellants herein, against the defendants/respondents in the following terms:-

"An interlocutory injunction restraining the defendants jointly and severally by themselves, their agents, privies and servants from installing the 1st defendant as the first Esaa or Esaa I of Ngwo Asaa or in any manner whatsoever, holding out himself as the Igwe or Igwe elect of Ngwo Asaa by whatever name called pending the determination of the substantive suit."

The 1st defendant/respondent felt dissatisfied with the ruling. He appealed to this court and the suit number of that appeal is CA/E1105/96. He filed appellant's brief of argument, dated 12-6-96 therein. Same was ser…

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