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MAIDUGURI METROPOLITANT COUNCIL & ANOR
V.
EZEKOR

(2013) JELR 35274 (CA)

Court of Appeal 18 Dec 2013 Nigeria
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- This is an appeal against a ruling of the High Court of Justice, Borno State. - The trial court held that a judgment ex-parte granted on 18-2-2009 is still subsisting and that contempt proceedings should be taken first before any other pr

Case Details

Suit Number:CA/J/287/2009
Judges:TIJJANI ABDULLAHI JCA ALI ABUBAKAR BABANDI GUMEL JCA CHIOMA E. NWOSU-IHEME JCA
Counsel:P. A. Bello Esq. For the Appellant; B. Adamu (ADCL) Ministry of Justice Maiduguri For the Respondent.

TIJJANI ABDULLAHI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the High Court of Justice, Borno State, (Coram) John Jihantikiri (J) delivered on the 28th September, 2009 wherein the learned trial Judge held that:

"As far as this court is concerned, the judgment exparte granted on 18-2-2009 is still subsisting for it had not been appealed nor set aside, therefore it still stands as the judgment of this Court.

In view of the above reason, I rule that the contempt proceedings be taken first before any other proceedings. Objection therefore sustained."

Dissatisfied with the said Ruling, the Appellants through their Counsel filed a Notice of Appeal containing three grounds on 4th of October, 2009. Shorn of their particulars, they are:

GROUND ONE

"The trial court erred in law when it found that:

"...Dada brought his motion for contempt of the order of the court for the failure of MMC and Modu Gambo Bukar to comply with that judgment..."

and when it co…

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