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DIKIBO & ORS.
V.
IBULUYA & ORS.

(2006) JELR 40360 (CA)

Court of Appeal 10 Jul 2006 Nigeria
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Case Details

Suit Number:CA/PH/282/2004
Judges:MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria ISTIFANUS THOMAS Justice of The Court of Appeal of Nigeria MONICA BOLNA'AN DONGBAN-MENSEM Justice of The Court of Appeal of Nigeria
Counsel:B.O. Dibiaedue; For Appellant Okey Onunkwo, Esq; For Respondent
Other Citations:Dikibo v. Ibuluya (2006) 16 NWLR (Pt.1006)

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 …

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