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LIYAFA & ANOR
V.
ZUBAIRU & ORS

(2015) JELR 40629 (CA)

Court of Appeal 30 Apr 2015 Nigeria
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Case Details

Suit Number:CA/S/61/2013
Judges:PAUL ADAMU GALINJE Justice of The Court of Appeal of Nigeria TUNDE O. AWOTOYE Justice of The Court of Appeal of Nigeria MUHAMMED L. SHUAIBU Justice of The Court of Appeal of Nigeria
Counsel:PWAHOMDI L.M. For Appellant MRD LABARAN For Respondent

TUNDE O. AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the judgment in respect of the appeal filed by the appellants on 22/8/2012 vide their Notice of Appeal.

The 6 grounds of appeal (shorn of the particulars) are:-

"GROUND 1

The decision of the trial court is unreasonable, unwanted, and unsupportable and against the weight of evidence adduced.

GROUND 2

The learned trial Judge misdirected himself and consequently arrived at a wrong decision which has occasioned a grave miscarriage of justice when he held that: -

"Though exhibits 3 and 4 were exhibited in support of the Originating processes, no court order was exhibited in respect of the motion No.ZMS/GS/M.121/2012 and that there was no submission in respect of the court order drawn up as regards to the said Motion. A party can be held liable to disobedience of a court order, if the conduct precedes the order of court. In the latter situation, there is no disobedience because there is in law and in fact nothing to disobey…

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