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DR. N. S. NWAWKA v. MR. SAM ADIKAMKWU

(2014) JELR 36643 (CA)

Court of Appeal  •  CA/K/155/2009  •  20 Feb 2014  •  Nigeria

Coram
DALHATU ADAMU JCA; ITA GEORGE MBABA JCA; HABEEB ADEWALE ABIRU JCA;

Judgement

ITA GEORGE MBABA, J.C.A.(Delivering the Leading Judgment): This appeal arose from the judgment of the Kano State High Court in Suit No. K/M/534/2008, delivered by HON. JUSTICE ABDULLAHI BAYERO on 11/5/2009, wherein his lordship upheld the preliminary objection brought by the Respondent and dismissed, in limine, the Appellant's suit for committal of the Respondent to prison.

Appellant (as Applicant) had filed a summons for committal to prison, against the Respondent on 21/11/2009. The relief were:

1. An Order of this Hon. Court committing Mr. Sam Adikamkwu to a maximum of one year Prison term for the brazen/grievous acts

of utter contempt committal against Hon. Court, to wit:

a. Instructing and directing Mr. ALOY OHAZURIKE, Branch Manager, UBA, Kano France Road Branch to:

i. Forcibly eject the court Bailiff from UBA Banking hall on 7/10/2008

ii. Forcibly prevent the said Bailiff and 2 Police Orderlies from re-entering the Banking Hall to carry out a Court ordered judgment execution on…

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