OGBUAGU SAINT ANTHONY ANOZIA ONOWU V. OGBUAGU HBC. OGBOKO & ORS

ITA GEORGE MBABA J.C.A.: (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Imo State in Suit No. HOG/82/2008, delivered by Hon. Justice P.C. Ikpeama, on 29/6/2009, wherein the trial Judge dismissed Appellant's application for committal of the Respondents to prison and also dismissed the Respondents' Preliminary objection, filed on 19/3/2009, challenging the Jurisdiction of the trial Court to entertain the Suit. Being dissatisfied with the Ruling, Appellant appealed, as per the Notice of Appeal on pages 61 to 62 of the Records of Appeal, compiled by Appellant, with the leave of this Court, granted on 18/10/2010. The Respondents also cross-appealed.

Appellant filed his brief of argument on 20/10/2010 and distilled three (3) Issues for the determination of the Appeal, namely:

"(1) Whether the procedure for commencement of proceedings for contempt ex-facie curiae is not via the application per Form 49 in accordance with Order 9 Rule 13 of the Judgm…