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OWEIFA DORKUBO & ORS v. IDONGESIT T. UDOH (MRS.) & ANOR

(2016) JELR 41608 (CA)

Court of Appeal  •  CA/C/38/2014  •  10 May 2016  •  Nigeria

Coram
CHIOMA EGONDU NWOSU-IHEME JCA; ONYEKACHI AJA OTISI JCA; PAUL OBI ELECHI JCA;

Judgement
<p>ONYEKACHI AJA OTISI, J.C.A. (Delivering the leading : ): This is an appeal against the decision of the High Court of Akwa Ibom State, Eket Division, delivered by Honourable Justice Theresa I. Obot, J., on November 6, 2013 dismissing the committal proceedings brought against the 1st Respondent by the Appellant.</p><p>The facts of the matter leading to the instant appeal are as follows: On 13/12/2011, E. A. Ebienye, J. of the High Court of Akwa Ibom State had ordered, inter alia, the 2nd Respondent to pay to the Appellants the sum of N86,231,367.55 as at 30/3/2011 and 10% interest from 1/4/2011 until liquidated. The Appellants commenced contempt proceedings when the 1st Respondent failed to comply with the said order. In dismissing the application, the learned trial Judge found, inter alia, that:</p><p>The Respondent has shown that the money the Court is being moved to find her in contempt for not paying as ordered by the Court on December 13th 2011 was indeed the same money that was paid into …</p>

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