PATRICK EDEM ARCHIBONG & ANOR V. ELDER DAVID OKON & ANOR

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of Honourable Justice Obojor A. Ogar of the High Court, Cross River State Calabar given on 2nd day of November, 2011.

The Appellants herein as Applicants in Court below filed a Motion on Notice against the 1st and the now deceased 2nd Respondent on 9th December, 2010 praying the Court for:

"1 . An order of committal of the Respondents to prison for having disobeyed the Judgment/order of the Court of Appeal in Suit No. CA/C/42/2003 made on 7th June, 2005 restraining the Respondents from further acts of trespass contrary to the consent of the Applicants.

2. Such further or other order as this Honourable Court may deem fit to make in the circumstance.

Each of the Respondents filed Preliminary Objection to the Applicants/Appellants' Motion to the effect.

1. That the Learned trial Court lacks jurisdiction to entertain the Application to commit Respondent for contempt because the provision of…