DONGBAN-MENSEM, J.C.A. (Delivering the Leading Judgment): On the 04/02/04, His Lordship T. K. Osu, J. of the High Court of Rivers State holden at Port Harcourt, upheld a preliminary objection to strike out the committal proceedings initiated oy the appellants against the respondents.
The committal proceedings were taken out to enforce the judgment of Gabriel-Whyte (of blessed memory), pronounced on the 09/05/88. The appellants had, on the 18/06/01 and 27/06/01 respectively filed and served on the respondents, forms 128 and 129. Thereafter, the appellants filed on the 25/07/01, a motion seeking to commit the respondents to prison for disobeying the orders made in the judgment pronounced on the 09/05/88.
Upon being served, the respondents filed a preliminary objection on the 27/07/01. Also filed was a counter-affidavit in opposition of the motion for committal. After taking oral arguments from both sides, the learned trial Judge upheld the preliminary objection for non-compliance with …