IN THE MATTER OF: EDWIN IGBONEKWU (UMUDURUEGWU AWO-MBIERI) CHIEF LEONARD ERONINI CYPRIAN AWOGU JACOB MGBEOKWERE (FOR THEMSELVES AND ON BEHALF OF AWO-MBIERI) V. PAULINA OPARA (MRS.) SAMUEL NWIGBO JOHN EHIRIM OCHIENERO

GALADIMA JCA (Delivering the Lead Judgment): This is an appeal against the ruling of Agugua J, Imo State High Court sitting at Iho in the Mbaitoli/Ikeduru Judicial Division, dated 28/4/98 in suit No. HMI/81/97. The learned trial Judge had held that the appellant herein was in contempt of that court and accordingly ordered the appellant to either pay a fine of N2,000.00 and furnish security to be of good behaviour or go to prison for one calendar month.

The respondents asplaintiffs inthe court below brought the substantive suit in suit No. HOW/39/84 in the Owerri Judicial Division sittingat Owerri. The suit was brought in a representative capacity: “For themselves and on behalf of Awo-Mbieri”, against the defendants jointly and severally now also respondents in the appeal herein. The plaintiffs in that suit claim as follows: “(a) N150,000.00 general damages for trespass to plaintiffs’ land known and called Eze-Ala-Eke Awo situate at Awo-Mbieri within the jurisdiction.

(b) Injunction re…