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V.
SASEGBON

(2007) JELR 45836 (CA)

Court of Appeal 20 Mar 2007 Nigeria
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- The Court of Appeal affirmed the High Court’s dismissal of the appellant’s preliminary objection to the issuance and service of Form 48 (notice of consequences of disobedience of court order) in post-judgment contempt proceedings followin

Case Details

Suit Number:CA/L/457/2005
Judges:MONICA BOLNA'AN DONGBAN-MENSEM Justice of The Court of Appeal of Nigeria PAUL ADAMU GALINJE Justice of The Court of Appeal of Nigeria HUSSEIN MUKHTAR Justice of The Court of Appeal of Nigeria
Counsel:Mr. Tony Mgbeokwere For Appellant Mr. Olutayo Omole For Respondent

GALINJE, JCA (Delivering the Leading Judgment): This is an appeal against the ruling of the Lagos High Court presided over by Abiru, J. which was delivered on the 16th June, 2005, in which the learned trial Judge dismissed the preliminary objection dated 22nd November, 2004 and filed by the appellant against the issuance and service of Form 48 on it.

The respondent herein, as claimant at the lower court commenced an action by writ of summons dated 27th of February, 1981, against several parties, among who is the appellant, who was the 4th defendant. Parties filed and exchanged pleadings. Thereafter all the parties in that suit, executed a terms of settlement which was subsequently made the judgment of the court dated 1st August, 1983.

After the consent judgment aforesaid, the respondent alleged that the appellant herein refused to comply with the consent judgment and therefore commenced contempt proceedings against it by causing the registrar of the lower court to issue Form 48 which …

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