(1988) JELR 40196 (CA)    

Court of Appeal  ·  CA/E/249/87 ·  11 Oct 1988 ·  Nigeria
Other Citations
OGBONI v OJAH (1989) 1 NWLR (Part 100)
Ogboni v. Ojah (1989) 1 NWLR (Pt. 100) 725
WALLACE RONALD TISLINGTON MACAULAY Justice of The Court of Appeal of Nigeria GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Court of Appeal of Nigeria
Core Terms Beta
judgment debtor
committal proceeding
committal proceedings
copy of the order
civil process law
absence of the judgment debtor
application of the judgment creditor
clear days
fair hearing
injunction order
said rule
status quo
18th march
8th april
aubrey-fletcher ex-parte thompson
calabar high court
close look
communal land
cost of this application
cross river state
execution of the judgment
following orders
following terms
imposition of a penalty
individual liberty
judgment debtor fails
later stage
leading judgment
learned chief judge
legal requirement
necessary processes
obaseki j.
oxford universal dictionary illustrated
perpetual injunction
prescribed limit
present committal proceedings
proper reading of sub-rule
quasi-criminal nature
reserved judgment
rule of natural justice
service of the endorsed copy of the order
such security
such time
sum of n3,000.00

UWAIFO, J.C.A. (Delivering the Leading Judgment): The procedure for committal under Order 9 rule 13 of the Judgments (Enforcement) Rules pursuant to Section 71 of the Sheriffs and Civil Process Law (Cap 108) of the Cross River State is quite often misunderstood, particularly in respect of when the judgment debtor was present in court at the time the order sought to be enforced was made. In that situation the question does arise whether notices under Forms 48 and 49 are necessary processes for a committal proceeding to be competent.

On 7 February, 1986, at the Calabar High Court, Effanga, J., in a reserved judgment made the following orders in favour of the plaintiffs:

"(1) The land occupied by Etono II village is part of Biakpan communal land under the Headship of the Paramount Ruler of Biakpan.

(2) A perpetual injunction restraining the defendants by themselves, servants, agents, or assigns, from ]easing, alienating or doing anything in Etono II village inconsistent with communal own…

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