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EKWEALOR IFEKWU & ANOR V. CHUBA MGBAKO & ORS

(1990) JELR 42962 (CA)

Court of Appeal  •  CA/E/47/87  •  26 Feb 1990  •  Nigeria

Coram
ALOYSIUS IYORGYER KATSINA-ALU JCA; GEORGE ADESOLA OGUNTADE JCA; SAMSON ODEMWINGIE UWAIFO JCA;

Appearances
J. C. Okoronkwo, Esq. (with him, B.C. Menuba Esq. and U. N. Ugokwe Esq.) For Appellant E. Ofodile, Esq. (with him, C. Atu and E.O. Ofodile, Esq.) For Respondent

Judgement

SAMSON ODEMWINGIE UWAIFO, J.C.A. (Delivering the Leading Judgment): The appellants were convicted for contempt of court on 9th September, 1985 and sentenced to a term of 3 months' imprisonment each by C. Olike J., sitting at the Onitsha High Court. They were alleged to have flouted an interim injunction of the court made on 16th June, 1983 restraining the plaintiff, his servants and agents from building or continuing to build on the land which was the subject-matter of dispute in suit No. O/61/76. The plaintiff in that case, now the 1st appellant, brought an action in a representative capacity against the defendants claiming for (a) a declaration of title to the said land which is a portion of land known as AMA ANI OKPU and specifically delineated in a survey plan; (b) N600.00 damages for trespass; and (c) injunction. The 2nd appellant is a member of the interest group represented by the 1st appellant, namely, Umuokpalaora family of Isinyi Village, Nando.

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