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NDEM EWA NDEM & ORS v. OBIO EKPENYONG EKPENYONG

(2017) JELR 37339 (CA)

Court of Appeal  •  CA/C/206/2011  •  27 Jul 2017  •  Nigeria

Coram
CHIOMA EGONDU NWOSU-IHEME JCA; STEPHEN JONAH ADAH JCA; JOSEPH OLUBUNMI KAYODE OYEWOLE JCA;

Judgement

CHIOMA EGONDU NWOSU-IHEME, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the judgment of the Cross River State High Court, Calabar Division in Suit No. HC/372/2010. Judgment was entered against the Appellants in favour of the Respondent by Emilia Ibok, J, on the 22nd of December, 2010. Aggrieved by that decision, the Appellants have filed this appeal.

SUMMARY OF FACTS:

The Respondent herein was the defendant in a civil suit at the Customary Court, Ukwa Eburutu in Odukpani Local Government of Cross River State.

The Customary Court made an order of interim injunction on both parties restraining them from carrying the wood, subject matter of the suit. It was brought to the notice of the Customary Court that the Respondent violated the order of interim injunction. A warrant of arrest was said to have been issued for the Respondent to appear in Court on the 27/8/2010 on a contempt charge.

Consequently, the said Respondent was tried and convicted to three months imprisonme…

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