KATSINA-ALU, JSC (Delivering the Leading Judgment): The main issue arising in this appeal relates to the power of a court to punish for a criminal contempt committed ex facie curiae. The appellant herein, a legal practitioner, had sued Uwesu Umoru (1st respondent) claiming aggravated damages for assault. When the writ, taken out in November,1989 was to be served on the 1st respondent at his workshop on 14 December, 1989, it was alleged that he assaulted and beat up the bailiff and the appellant who accompanied the bailiff to act as a pointer. In consequence of the alleged incident, the appellant brought an application before the High Court, Benin to have the 1st respondent committed to prison for contempt of court. The application was still pending before the court when the appellant yet again made another allegation against the 1st respondent, D.E. Emujieze and G.E. Onohwakpor, Chief bailiff and Assistant Chief Registrar respectively. The appellant alleged that the respondents interf…
OMOIJAHE
V.
UMORU & ORS.
(1999) JELR 43530 (SC)
Supreme Court 21 May 1999 Nigeria
BriefBot Summary
- The main issue in this case is the power of a court to punish for a criminal contempt committed ex facie curiae. - The appellant, a legal practitioner, sued the 1st respondent for assault and brought an application to have him committed t
Case Details
Suit Number:SC.196/92
Judges:SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria
ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria
UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria
OKAY ACHIKE Justice of The Supreme Court of Nigeria
UMARU ATU KALGO Justice of The Supreme Court of Nigeria
Counsel:Tolue Esekody, Esq For Appellant
Peter C. Adigwe, Esq Dr. C. Y.O. Adei, Esq For Respondent
Other Citations:Omoijahe v. Umoru (1999) 8 NWLR (Pt. 614) 178 (1999) 5 S.C (Pt III) 14, (1999) JELR 52247 (SC)
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