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OLUFEAGBA & ORS
V.
V.C UNILORIN & ORS

(2017) JELR 34242 (CA)

Court of Appeal 20 Jan 2017 Nigeria
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- The appellants, judgment creditors reinstated to their posts by prior Supreme Court judgment, sought committal of University of Ilorin officials for contempt, alleging non-compliance with orders relating to reinstatement benefits (arrears

Case Details

Suit Number:CA/IL/56/2015
Judges:CHIDI NWAOMA UWA, JCA HAMMA AKAWU BARKA, JCA BOLOUKUROMO MOSES UGO, JCA
Counsel:Toyin Oladipo with him, Gbemisola Ogundiran For Appellant Yakub Dauda with him, Tajudeen Shogu, S.O. Babakebe, A.O. Obayomi and R. A. Hamid (Mrs) For Respondent
Other Citations:(2016) JELR 57628 (CA)

HAMMA AKAWU BARKA, J.C.A.(Delivering the Leading Judgment): The instant appeal is against the judgment of the Federal High Court sitting in Ilorin, the Kwara State capital, in suit No: FHC/IL/CS/29/2001, between Professor B. J. Olufeagba and 43 ors. v. Vice Chancellor, University of Ilorin and 3 ors, delivered on the 6th of March, 2013, and Presided by A. O. Faji J, wherein the Court ruled in the following terms:

"In the committal proceedings, the burden of proof on the applicant is very heavy as the proceeding could result into the loss of the liberty of the respondent. I am not satisfied the creditors have discharged the onerous burden."

Consequent, the Court dismissed applicant's application seeking the committal of the respondents for being in contempt of the Courts orders.

The substance of the applicants, now appellants case arose from the decision of the Federal High Court, Ilorin Division delivered on the 26th of July, 2015, and affirmed by the Apex Court in its judgment of the 11…

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