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SAECKLER
V.
TANIMOLA

(1993) JELR 72613 (CA)

Court of Appeal 13 Feb 1993 Nigeria
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- The case involves an appeal against orders made by the Chief Judge of the Federal High Court in Nigeria. - The orders were made in relation to the defendants, Gerhard Kompernass and Karl Saeckler, who were German citizens. - The initial o

Case Details

Judges:IBRAHIM KOLAPO SULU-GAMBARI, J.C.A. (Presided), SAMSON ODEMWINGIE UWAIFO, J.C.A. (Read the Leading Judgment), IGNATIUS CHUKWUDI PATS-ACHOLONU, J.C.A.
Counsel:Chief Bayo Kehinde SAN. (with him, L. Omotoso, Esq), - for the 5th and 6th Appellants. Kayode Sofola Esq. - for the Respondents.
Other Citations:(1995) 4 NWLR (Pt. 389) 370

UWAIFO, J.C.A: (Delivering the Leading Judgment): This is a short appeal. On 15 February, 1990, an order ex parte was made by Tofowomo J., sitting at the Federal High Court, Lagos for Gerhard Kompernass to be apprehended and produced in court to show cause why he should not be imprisoned or be made to give security for his continuous appearance in the suit in which he is one of the defendants till the final determination of the said suit. He was arrested and kept in police custody that same day. The ground for his arrest was that he was about to abscond from the jurisdiction. To make that allegation look plausible it was said that Karl Saeckler, one of the defendants against whom some reliefs in the suit were being sought jointly with Gerhard Kompernass (both German citizens), had already absconded.

On 16 February, 1990 (i.e. the next day), Odunowo, J., of the same court ordered the release on bail of Gerhard Kompernass on medical grounds. There were other facts deposed to in denial of…

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