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…