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(2017) JELR 37640 (CA)

Court of Appeal 17 Feb 2017 Nigeria
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- The interlocutory appeal is against a ruling in a contempt/committal proceeding. - The ruling being appealed dismissed the defendants' application to strike out the contempt/committal proceedings initiated by the plaintiffs. - The plainti

Case Details

Suit Number:CA/E/430/2012
Judges:HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria IGNATIUS IGWE AGUBE Justice of The Court of Appeal of Nigeria TOM SHAIBU YAKUBU Justice of The Court of Appeal of Nigeria
Counsel:Olisah Edeh Esq. For Appellant Mike Ekwerekwu Esq. For Respondent

IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment): This is an Interlocutory Appeal against the Ruling of the Honourable Justice C. O. Nweke then Administrative Judge of Onitsha Judicial Division of the High Court of Justice, Anambra State sitting at Onitsha which Ruling was delivered on the 8th day of May, 2012 dismissing the Appellant's then Defendants/Judgment-Debtors/Applicants' Application by way of Motion on Notice seeking to strike out the Contempt/Committal proceedings initiated by the Plaintiffs/Judgment-Debtors (now Respondents) against the Defendants/Judgment-Creditors (now Appellants).

It would be recalled that the Respondents as Plaintiffs in the Lower Court initiated proceedings by a process tagged "CLAIM dated and filed on the 14th day of May, 1991 and in the Further Amended Statement of Claim dated and filed on the 7th day of December, 1995, sought for the following Reliefs:

1. A declaration that the Lease Agreement dated 19th of September, 1962 made between I…

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