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NWAWKA
V.
OHAZURIKE

(2014) JELR 39840 (CA)    

Court of Appeal  ·  CA/K/154/2009 ·  20 Feb 2014 ·  Nigeria
CORAM
DALHATU ADAMU JCA ITA GEORGE MBABA JCA HABEEB ADEWALE OLUMUYIWA ABIRU JCA

Ratio Decidendi

Core Terms Beta
court
order
counsel
section
lower court
civil process act
provisions of section
committal proceedings
issue
court bailiff
trial court
said bailiff
alleged acts of the respondent
case of the appellant
civil process act cap
competence of the honorable trial judge
laws of northern nigeria
learned trial judge
decision of the high court of kano state
execution of judgment
honorable justice abdullahi bayero
notice of appeal
order ix rule
police officers
provisions of order ix rule
suit no k
appellate court
basis of the complaint of contempt
benue state
court order
duty of judgment execution
entire deliberations of the lower court
general principle
grievous acts of contempt
inherent powers of this honorable court
kano state
leading judgment
northern nigeria
parts of the order
quasi-criminal proceeding
rules vol. v
such proceeding
such security
such time

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Kano State in Suit No K/M533/08 delivered by Honorable Justice Abdullahi Bayero on the 11th of May, 2009. The Appellant commenced the suit in the lower Court by a Summons on Notice dated the 21st of November, 2008 and he prayed for an Order committing the Respondent to prison for a maximum term of one year for brazen and grievous acts of contempt, namely:

i. Forcibly ejecting a Court Bailiff from his banking hall on the 7th of October, 2008.

ii. Forcibly preventing the said Bailiff and two Police Officers from re-entering the banking hall to carry out a court ordered execution of judgment on the said 7th of October, 2008.

iii. Manhandling the said Bailiff and Police Constables as they attempted to reenter the banking hall on the 7th of October, 2008.

iv. Utterance of obscene and insolent words aimed at impugning the dignity and competence of the Honorabl…

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