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AKPAN
V.
AKPAN

(1994) JELR 78041 (CA)

Court of Appeal 21 Nov 1994 Nigeria
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Judges:OKAY ACHIKE, J.C.A.(Presided), AKINTOLA OLUFEMI EJIWUNMI, J.C.A., NIKI TOBI, J.C.A. (Read the Leading Judgment)
Counsel:E. O. Okeke for the Appellants; Chief Mike Akpabio for the Respondents.
Other Citations:(1996) 7 NWLR (Pt. 462) 620

TOBI, J.C.A. (Delivering the Leading Judgment): There was a dispute between the appellants and the respondents as to the ownership of a parcel of land known as and called Enem Akpabin. The appellants filed an action in the lower court claiming three reliefs: declaration of title to the land, damages for trespass and perpetual injunction. They had judgment. The respondents appealed to this court The appeal was dismissed. Following further acts of trespass on the land by the respondents, the appellants commenced committal proceedings. Meanwhile Ntia, J., who heard the suit had retired and the committal proceedings came before another Judge. He is Essang, J. He had problems with the Order served by the Registrar of the court along with Form 48. He therefore dismissed the application. Dissatisfied, the appellants have come to us. Briefs were duly filed and exchanged. Appellants formulated two issues for determination:

"(1) In a committal proceedings what is to be served on a contemnor alon…

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