Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



FASESAN
V.
COAST HOTELS & RESTAURANTS LTD

(2004) JELR 57849 (HC)    

High Court  ·  ID/2929/95 ·  12 Feb 2004 ·  Nigeria

Ratio Decidendi

Core Terms Beta
order
respondent
form
3rd defendant
counter-affidavit
plaintiffs
23rd may
order of court
service of form
status quo
alleged contemnor
mr. ndubuisi agetu
order ix
corporate body
court’s order
high court of lagos state
issue of service
next adjourned date
order of this court
personal service of forms
small bungalows
11-paragraph affidavit
14-paragraph reply
15-paragraph counter-affidavit
b-c.
careful consideration
case file
civil process act
committal proceedings
court order
criminal charge
disobedience of any court order
edo state board of inland revenue
edo state board of internal revenue
honourable court
marketing manager of the respondent
officers of the company
order of court photographs
paragraphs of the affidavit
present position of the land
present state
provisions of the applicable law
representative of the company
respect of the parcel of land
respondent’s counter-affidavit
said cletus anih
serious contempt of court
spite of the service of form
submissions of both learned counsel

KEKERE-EKUN J (DELIVERING THE RULING): This is a ruling on an application in form 49 brought pursuant to Order IX, rule 13 of the Judgments (Enforcement) Rules, Cap 407 LFN, 1990. The plaintiffs/applicants seek an order committing the 3rd defendant/respondent to prison for having disobeyed the order of this court made on 23rd May, 2003 enjoining the respondent, its servants, agents and/or privies to maintain the status quo as at 23rd May, 2003 in respect of the parcel of land in dispute in this suit.

The form 49 is supported by an 11-paragraph affidavit dated 19th August, 2003 deposed to by one Lateef Kadiri, Attorney, accredited representative and General Secretary of the Kuyasi-Awushe family of Onigbongbo, Maryland, the plaintiffs herein. One Samuel Ofoha, Marketing Manager of the respondent, deposed to a 15-paragraph counter-affidavit dated 6th October, 2003 on behalf of the respondent. The aforementioned Lateef Kadiri deposed to a 14-paragraph reply to counter-affidavit dated 2…

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