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IGNATIUS UZOCHUKWU OKAFOR V. MRS. C. O. ORANU & ORS

(2017) JELR 37640 (CA)

Court of Appeal  •  CA/E/430/2012  •  17 Feb 2017  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; IGNATIUS IGWE AGUBE JCA; TOM SHAIBU YAKUBU JCA;

Appearances
Olisah Edeh Esq. For Appellant Mike Ekwerekwu Esq. For Respondent

Judgement

IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment): This is an Interlocutory Appeal against the Ruling of the Honourable Justice C. O. Nweke then Administrative Judge of Onitsha Judicial Division of the High Court of Justice, Anambra State sitting at Onitsha which Ruling was delivered on the 8th day of May, 2012 dismissing the Appellant's then Defendants/Judgment-Debtors/Applicants' Application by way of Motion on Notice seeking to strike out the Contempt/Committal proceedings initiated by the Plaintiffs/Judgment-Debtors (now Respondents) against the Defendants/Judgment-Creditors (now Appellants).

It would be recalled that the Respondents as Plaintiffs in the Lower Court initiated proceedings by a process tagged "CLAIM dated and filed on the 14th day of May, 1991 and in the Further Amended Statement of Claim dated and filed on the 7th day of December, 1995, sought for the following Reliefs:

1. A declaration that the Lease Agreement dated 19th of September, 1962 made between I…

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