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KALGO, JSC (Delivering the Lead Judgment): This is an appeal from the decision of the Court of Appeal, Port-Harcourt Division delivered on 9th day of April, 1997. In the trial court, High Court of Justice Orlu, the respondents commenced committal proceedings against the appellants for disobedience to the terms of settlement agreed to between the parties and made an order and judgment of the Supreme Court. The appellants raised a preliminary objection to the application for the alleged contempt. The trial court heard counsel for the parties on the objection and in a considered ruling delivered on 9th March, 1988, the learned trial Judge, Ononuju, J. overruled the preliminary objection and ordered that the contempt application be heard on its own merit. Against this order, the appellants appealed to the Court of Appeal which also dismissed the appeal and remitted the committal application to the trial court for hearing on the merits. The applicants then appealed here.
For a clear unde…