(1999) JELR 45752 (CA)    

Court of Appeal  ·  CA/L/192/99 ·  14 Jul 1999 ·  Nigeria
GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria AMIRU SANUSI Justice of The Court of Appeal of Nigeria IFEYINWA CECILIA NZEAKO Justice of The Court of Appeal of Nigeria
Core Terms Beta
notice of preliminary objection
honourable court
1st appellant
lower court
high court
ikeja high court
17th may
7th june
above form
above motion
applicants extension of time
applicants motion
application of the applicants
brother oguntade jca
consent of the appellants
copy of the said form
enforcement of forms
entire committal proceedings forms
execution of forms
existence of a judicial order
further steps
grounds of appeal
hearing of the said notice of preliminary objection
ismaila muyibi oluwa
issues of a bench warrant
lagos state
memorandum of conditional appearance
necessary steps
order of injunction
orders of the high court
original suit
particular date
photocopy of the said form
photocopy of the said memorandum of conditional appearance
positure orders of the high court
preliminary observation
respondents counsel
said copy of the form
said ismaila muyibi oluwa
said motion
such personal appearance
support of the notice of the preliminary objection
trial judge
warrant of arrest

OGUNTADE, J.C.A. (Delivering the Lead Ruling): The applicants herein on 2 - 6 - 99 filed before this court an application framed in these words:-

"1. For an order granting the applicants who were not named as parties to the original suit and against whom no reliefs were sought and also against whom the Ikeja High Court had irregularly and without jurisdiction and competence ordered to be arrested in execution of Forms 48 and 49 Sheriff and Civil Process Act and Procedure).

Leave to appeal as parties interested and affected by said warrant of arrest and committal issued in enforcement of Forms 48 and 49 issued against them.

2. An order granting the applicants extension of time within which to apply for leave to appeal.

3. Leave to appeal.

4. Extension of time to file Notice and Grounds of Appeal.

5. An Order staying the entire committal proceedings Forms 48, 49 warrant to arrest pending the determination of the appeal.

Or in the alternative

6. An order of injunction restraining the p…

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