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SYLVANUS EMEKA MADUBUIKE v. ROMANUS ELOCHUKWU MADUBUIKE

(2016) JELR 36803 (CA)

Court of Appeal  •  CA/EK/17/2014  •  29 Jun 2016  •  Nigeria

Coram
AHMAD OLAREWAJU BELGORE JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA; FATIMA OMORO AKINBAMI JCA;

Judgement

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A.(Delivering the Leading Judgment): The appeal is against the judgment delivered on 18/6/2013 by the Federal High Court presided over by Hon. Justice Adamu Hobon (hereafter to be simply referred to as “the Lower Court” and “learned trial Judge” respectively) finding the Appellant guilty of “disobedience of court orders in judgment of 27/11/2008, enforcement order of 23/2/2009 and all the subsequent execution processes connected therewith” and committing him to prison until he purged himself of the contempt.

The contempt proceeding which resulted in the conviction and committal to prison of the Appellant was commenced by a motion ex-parte filed by the Respondent seeking for an order for the issuance of a bench warrant for the arrest and production in court of the Appellant to show cause why he should not be committed to prison for allegedly violating the execution processes of the judgment of the Lower Court in Suit No: FHC/E/33/94. See pa…

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