(2001) JELR 44353 (CA)    

Court of Appeal  ·  CA/C/7M/2000 ·  21 Jun 2001 ·  Nigeria
Other Citations
Okoma v. Udoh (2002) 1 NWLR (Pt. 748)438
Okoma v. Udoh (2002) 1 NWLR (Pt. 748) 438
DENNIS ONYEJIFE EDOZIE Justice of The Court of Appeal of Nigeria OKWUCHUKWU OPENE Justice of The Court of Appeal of Nigeria SIMEON OSUJI EKPE Justice of The Court of Appeal of Nigeria
Core Terms Beta
stay of execution
judgment debtor
notice of appeal
year imprisonment
application of the judgment creditor
civil procedure
cross river state high court
hearing notice
learned trial judge
civil process act
civil process law
clear days
contempt proceedings
criminal offence
determination of the appeal
personal service
rules of the sheriff
service of the endorsed copy of the order
trial court
absence of the judgment debtor
affidavit of service shows
appellate court
copy of the order
court processes
determination of the application
final result
fundamental question
hearing of the motion
ikom high court
leading judgment
maximum penalty
michael edem j.
order of this court
order set
procedural requirements
proper service of the motion
record of proceedings
relevant applicable rules
said judgment
service of a motion
service of the motion
uke j.
unsuccessful party

OPENE, J.C.A. (Delivering the Leading Judgment): In this case, the plaintiff who is now the respondent brought an action against the defendant/appellant and one Chief Felix Assam at Ikom High Court claiming against them for possession of a cocoa farm or the sum of N8 million damages in alternative. On 27/7/99, Michael Edem J. entered judgment in default of a statement of defence for the sum of N50,000.00 as general damages or in the alternative in line with paragraph 17(1) (2) (3) of the statement of claim. The appellant who was the 2nd defendant thereupon filed a motion to set aside the ruling with a prayer for stay of execution pending the determination of the application. He also filed a notice of appeal against the said judgment and also a motion for a stay of execution pending the determination of the appeal.

On 26/8/99, the plaintiff filed a motion for committal which was fixed for hearing on 1/9/99 and this was served on the appellant's wife when the matter came up for hearing …

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