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CHIEF E. I. S. OGAN ADO CHIEF J. S. DOKUBE ADO AMINAYA NASAM FIBIKA ADO MAJOR NAPOLEON OGAN ENGR. ENOCH A. J. GEORGE JAMES GILBERT IBANICHUKA EBEH EMMAN OGAN V. CHIEF ADA M. AMAKIRI MANASI AMAKIRI JOB T. AMAKIRI TONMA ARUNGO AMAKIRI MINERE AMAKIRI (FOR THEMSELVES AND ON BEHALF OF AMAKIRI WAR CANOE HOUSE OF TOMOBIRI, OKRIKA) V. CHIEF TAMUNOBERE OFORIOKUMA CHIEF E. B. A. P. AWOALA CHIEF NOBLE T. OBUCHIEBO URIEL A. PAUL WORIKA S. ARINYDOKIARI MISS RACHAEL OKUMGBA (FOR THEMSELVES AND ON BEHALF OF COMMITTEE FOR ALLOCATION OF SAND FILLED LANDS IN OKRIKA)

(2005) JELR 54138 (CA)

Court of Appeal  •  CA/PH/356/2001  •  6 Dec 2005  •  Nigeria

Coram
SAKAADEYEMI IBIYEYE JCA (Presided) JOHN AFOLABI FABIYI JCA PIUS OLAYIWOLA ADEREMI JCA (Read the Lead Judgment)

Appearances
E Dr. I. O. Ibik SAN (with him Mrs. I. G. Ibik) - for the Appellants. -*- Respondents absent and unrepresented.

Judgement
<p><strong> ADEREMI JCA (Delivering the Lead Judgment): </strong> This is an appeal against the rulingof the High Court of Justice of Rivers State sitting at Port Harcourt wherein the learned trial Judge sequel to reviewingthe arguments of counselon bothsides forcommittal forcontempt; committedthe appellants for contempt of court on the 1st of March, 2001 and sequel to allocutus, adjourned the passingof sentence on them till 7th March, 2001.</p><p>The background facts leading to this appeal are as follows:</p><p>“The plaintiffs (hereinafter referred to as the 1st set of respondents) had by paragraph 19 of their amended statement of claim sought against the 1st and 2nd sets of defendants (hereinafter referred to as the 1st and 2nd sets of respondents) as follows;</p><p>(1) A declaration that the piece or parcel of land known as Tombiri Poku Kiri, situate, lying and beingat Tomobiri</p><p>Okrika in Okrika Local GovernmentArea ofRivers State of Nigeria is the joint and common property of the Amakiri and Iga war canoe houses of Tomobir…</p>

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