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VINCENT URAM AKPEH ONYEKWE OKONKWO OGUGUA CHUBA MMADUKOLU EMMANUEL CHUBA JOSEPH OKECHUKWU IFEANYI AKPEH ELIAS CHUBA DOMINIC NWABUNWANNA UWADIEGWU NNAZOR AUGUSTINE AKPEH EDWIN ATELI ANDREW ONUORAH CHUKWUMA ANEKWE JOHN NNEKWE ONUORAH EGWUATU GODWIN ONUORAH AUGUSTINE NWACHUKWU STEPHEN ONOCHIE PETER AKPEH V. JOHN UDEKWE JOSEPH EMEGINI SAMUEL AGHADINUNO NNEKA OLAME

(2007) JELR 56553 (CA)

Court of Appeal  •  CA/E/86/2006  •  27 Mar 2007  •  Nigeria

Coram
JAMES OGENYI OGEBE JCA (Presided and Read the Lead Judgment) SOTONYE DENTON-WEST JCA JIMI OLUKAYODE BADA JCA

Appearances
I. J. Ebidike - for the Appellants. -*- V. C. Umeadi - for the Respondents.

Judgement

OGEBE JCA (Delivering the Lead Judgment): The respondents filed A two separate actions namely: MC2/36/98 and MC2/37/98 against the appellants at the Customary Court, Nzam. The Customary Court delivered its judgment in the suit in favour of the respondents and the appellants appealed against the said judgment to the Chief Magistrates’ Court, Otuocha which allowed the appeal. The respondents being dissatisfied with the judgment of the Magistrates’ Court, appealed to the High Court of Justice, Otuocha. The High Court set aside the judgment on the ground that the Magistrates’ Court lacked jurisdiction to entertain the appeals. There were no further appeals against the judgment of the High Court, Otuocha. The respondents thereafter filed forms 48 and 49 in the Otuocha High Court for disobedience by the appellants of the order ofthe Customary Court. The appellants filed notice of preliminary objection to the jurisdiction of the court to entertain the application for their committal to pri…

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