ADEMOLA C.J.N. (Delivering the Leading Judgment ): This appeal arose out of a case of contempt of court taken summarily suo moto by Atake J. of the High Court of the mid-western state. The contemptor Mr. Boyo is a legal practitioner residing in Benin city was concerned in a case before the learned judge. It would appear that a considerable amount of money was involved in the case and on the 17th March, 1969 in appeal no. S.C. 21/69 the Supreme Court directed that a sum of 27,416Pounds.13s be paid out to Mr. Boyo's clients (the Ugborodo people) and that the balance of 13,708Pounds.6s do remain in the High Court, Warri pending the determination of another appeal in the Supreme Court.
This order of the Supreme Court was served on the High Court Registrar Warri, who paid out the sum of 27, 416Pounds.13s as directed. On 22nd October, 1969, in another suit pending before Atake J. he ordered that the sum of 13,708Pounds.6s is paid out to the adversary of Ugborodo people, Mr. Boyo's clients. …