(2000) JELR 44056 (CA)    

Court of Appeal  ·  CA/E/182/97 ·  8 Jun 2000 ·  Nigeria
Other Citations
Okwueze v. Ejiofor (2000) 15 NWLR (Pt. 690)389
Okwueze v. Ejiofor (2000) 15 NWLR (Pt. 690) 389
EUGENE CHUKWUEMEKA UBAEZONU Justice of The Court of Appeal of Nigeria JOHN AFOLABI FABIYI Justice of The Court of Appeal of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria
Core Terms Beta
committal proceedings
trial court
instant case
copy of the order
lower court
learned trial judge
order of the court
preliminary objection
provisions of order
clear days
decision of the lower court
issuance of form
service of the endorsed copy of the order
anambra state
competency of the committal proceedings
filing of a counter-affidavit
further take notice
h. h. momodu ii
issue of waiver
judgment debtor fails
required notice
ruling of the trial court
said proceedings
set of issues
ahaji yesufu osagie
anambra state high court
civil process law cap
competence of the proceedings
effect of the slips
following cases chief daby akpan
hearing of the committal proceedings
high court
important question
interlocutory appeal
laws of the anambra state
leading judgment
matter of the said committal proceedings
mere irregularity
none of the parties
order of interlocutory injunction
relevant rules of court
respect of appellants complaints
responsibility of the assistant chief registrar
service of form
view of the court

MUHAMMAD, J. C. A. (Delivering the Leading Judgment): This is an interlocutory appeal against the ruling of Hon. Justice C. J. Okoli of the Onitsha Judicial Division of the Anambra State High Court, dated 8th July, 1996.

The Respondent in this appeal as plaintiff had commenced action in suit No. 0/414/83 against the Appellant who was the defendant. Subsequently, the trial Court on 11th January, 1984 obliged the Respondent an order of interlocutory injunction against the Appellant. This order was allegedly breached and Respondent accordingly started committal proceedings against the Appellant. This was on 5th February, 1996. Appellant raised preliminary objection as to the competence of the proceedings. The trial court overruled him. The appellant was dissatisfied with the ruling of the trial court. He now appeals against the ruling.

The four issues formulated by the appellant, as drawn from the grounds of appeal, for the deternination of the appeal are as follows:-

(1) Whether the lea…

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