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LAWRENCE OKWUEZE v. EMMANUEL EJIOFOR

(2000) JELR 44056 (CA)

Court of Appeal  •  CA/E/182/97  •  8 Jun 2000  •  Nigeria

Coram
EUGENE CHUKWUEMEKA UBAEZONU JCA; JOHN AFOLABI FABIYI JCA; MUSA DATTIJO MUHAMMAD JCA;

Judgement

MUHAMMAD, J. C. A. (Delivering the Leading Judgment): This is an interlocutory appeal against the ruling of Hon. Justice C. J. Okoli of the Onitsha Judicial Division of the Anambra State High Court, dated 8th July, 1996.

The Respondent in this appeal as plaintiff had commenced action in suit No. 0/414/83 against the Appellant who was the defendant. Subsequently, the trial Court on 11th January, 1984 obliged the Respondent an order of interlocutory injunction against the Appellant. This order was allegedly breached and Respondent accordingly started committal proceedings against the Appellant. This was on 5th February, 1996. Appellant raised preliminary objection as to the competence of the proceedings. The trial court overruled him. The appellant was dissatisfied with the ruling of the trial court. He now appeals against the ruling.

The four issues formulated by the appellant, as drawn from the grounds of appeal, for the deternination of the appeal are as follows:-

(1) Whether the lea…

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