AKEJU JCA (Delivering the Lead Judgment): The respondent obtained an order of interim injunction from the High Court of Cross River State sitting at Ugep (hereinafter called the lower court) on 7 August 2006 upon the motion ex parte filed in suit No. HUG/MISC/23/2006. The respondent thereafter commenced suit No. HUG/MISC/34/2006 as committal proceedings against the appellants who had been restrained from entering into the respondent’s church building or doing anything therein. Upon service of Forms 48 and 49 on them, the appellants filed a motion on notice on 20 November 2006 as preliminary objection to the proceedings and after taking arguments of counsel, the lower court in the ruling of 27 January 2009 dismissed the objection. The appellants felt dissatisfied with the ruling and appealed to this court through the notice and grounds of appeal filed on 4 February 2009 with 5 grounds of appeal.
In the appellants’ brief of argument settled by E. U. Ojukwa, Esq., the learned counsel …