IHEANACHO & ORS.
V.
NRC

(2001) JELR 44359 (CA)    

Court of Appeal  ·  CA/L/03/2001 ·  16 Jun 2001 ·  Nigeria
 · 
Other Citations
Iheanacho v. NRC (2002) 1 NWLR (Pt 747)88
Iheanacho v. NRC (2002) 1 NWLR (Pt. 747) 88
CORAM
GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria CHRISTOPHER MITCHELL CHUKWUMA-ENEH Justice of The Court of Appeal of Nigeria AMIRU SANUSI Justice of The Court of Appeal of Nigeria
Core Terms Beta
respondent
application
order
applicants
court
appeal
defendant
case
common law principle
lower court
counsel
general rule
instant case
stay of proceedings
supreme court
brother oguntade j.c.a.
case of the plaintiffs
chief debo akande san
chukwuma-eneh j.c.a
clear distinction
contempt of court
contempt of the interlocutory order of injunction
course of his argument
demolition exercise
determination of the appeal
determination of the suit
disobedience of court orders
exception
first ground of appeal
ground of lack of jurisdiction
grounds
instance of the present applicants
issue of jurisdiction
karibi-whyte j.s.c.
lagos state
leading ruling
learned trial judge
mr. akinwunmi adeniran of counsel
particulars of error
recognized exceptions
request of chief debo akande s.a.n.
respect of the matters
said order
spite of the supreme court cases
suit no. ld
trial judge
validity of an injunctive order
wrong doer

OGUNTADE, J.C.A. (Delivering the Leading Ruling): On 8th August, 2000, the lower court in suit No. LD/2077/2000 made an order at the instance of the present applicants (who were the plaintiffs) restraining the respondent from carrying out any demolition exercise on the kiosk/structure/container/wagons at Iddo Railway Station pending the determination of the suit before the lower court.

The respondent was dissatisfied with the said order and has brought an appeal before this court against it. On 4/1/2001, the respondent brought before this court an application for an order staying further proceedings in the suit before the lower court pending the determination of the appeal.

In reaction, the applicants on 16/5/2001 filed an application for the following:

"An order that the defendant/appellant/respondent's application cannot be heard as the defendant/appellant/respondent is a party in contempt of the interlocutory order of injunction dated 8/7/2000."

The applicants stated the grounds th…

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