OPOBIYI
V.
MUNIRU

(2006) JELR 50975 (CA)    

Court of Appeal  ·  CA/IL/SH/3/99 ·  6 Feb 2006 ·  Nigeria
CORAM
ABOYI JOHN IKONGBEH JCA TIJJANI ABDULLAHI JCA
Core Terms Beta
respondent
court
applicants
counter-affidavit
service of form
supreme court
affidavit evidence
anambra state v
further construction
lead ruling
matter
paragraph
better affidavit
civil process act
district court
ile panu compound
issue of stay of proceedings
muntaka-coomassie jca
ruling of this court
actual date of service of the said form
alleged act of the respondent
alleged violation of the order
alleged violation of this court
appellants’ counsel
clear evidence
commencement of the case
construction work
court’s decision
disputed land
example paragraph
facts
further counter-affidavit
iguh jsc
issue of alleged contempt of court
issue of contempt of court
justice ayoola jsc
main appeal
particular matter
part of the inheritance subject matter of the dispute
reasonable doubt
respectful view
respondent form
respondent’s property
said portion
statement of proof of such disobedience
stay of execution
trial court
vast area
vital importance

MUNTAKA-COOMASSIE JCA (Delivering the Lead Ruling): On the main appeal this court after upholding the preliminary objection by the respondent, struck out the appeal for lack of jurisdiction. The appellants appealed to the Supreme Court and filed a motion for stay of execution. The motion was objected and counter-affidavit filed. Further and better affidavit and further counter-affidavit were also filed. This court also ordered for filing of written briefs by the parties vis-a-vis the motion which directive was obeyed and all the parties involved filed their respective briefs. This court had not resolved the issue of stay of proceedings when the issue of contempt of court cropped up. It was alleged that the respondent herein misunderstood the ruling of this court and went ahead to complete the construction work on the disputed land even though the matter is right now pending in the Supreme Court.

As far as this court is concerned, after considering written briefs of both parties and…

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