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IFEKWU & ANOR
V.
MGBAKO & ORS

(1990) JELR 42962 (CA)

Court of Appeal 26 Feb 1990 Nigeria
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- The appellants were convicted for contempt of court and sentenced to 3 months' imprisonment each. - The conviction was based on an interim injunction that the appellants allegedly violated. - The defendants, who became the respondents, ha

Case Details

Suit Number:CA/E/47/87
Judges:ALOYSIUS IYORGYER KATSINA-ALU Justice of The Court of Appeal of Nigeria GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Court of Appeal of Nigeria
Counsel:J. C. Okoronkwo, Esq. (with him, B.C. Menuba Esq. and U. N. Ugokwe Esq.) For Appellant E. Ofodile, Esq. (with him, C. Atu and E.O. Ofodile, Esq.) For Respondent
Other Citations:Ifekwu v. Mgbako (1990) 3 NWLR (Pt.140)

SAMSON ODEMWINGIE UWAIFO, J.C.A. (Delivering the Leading Judgment): The appellants were convicted for contempt of court on 9th September, 1985 and sentenced to a term of 3 months' imprisonment each by C. Olike J., sitting at the Onitsha High Court. They were alleged to have flouted an interim injunction of the court made on 16th June, 1983 restraining the plaintiff, his servants and agents from building or continuing to build on the land which was the subject-matter of dispute in suit No. O/61/76. The plaintiff in that case, now the 1st appellant, brought an action in a representative capacity against the defendants claiming for (a) a declaration of title to the said land which is a portion of land known as AMA ANI OKPU and specifically delineated in a survey plan; (b) N600.00 damages for trespass; and (c) injunction. The 2nd appellant is a member of the interest group represented by the 1st appellant, namely, Umuokpalaora family of Isinyi Village, Nando.

Curiously enough it was the d…

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