CaseLaw
Okeke V. Nwokoye (1999) CLR 12(m) (CA)
Brief
Facts
The High Court in a land dispute on 6th February, 1997 made an interim order, pursuant to the prayer of the respondents, restraining the appellant from further acts of trespass and encroachment on the land pending the determination of a motion on notice
The respondents initiated contempt of court proceedings by filling an application for committal in Form s 48 and 49 respectively on 20th February and 14th March, 1997. The application was adjourned for hearing on 7th April, 1997.
Four days before the application for committal was to be hear, the appellants on 3rd April, 1997, filed an application at the Court of Appeal, praying for a stay of proceedings in the matter pending before the trial court.
However, despite the application for stay of proceedings in the Court of Appeal, the trial court on 7th April, 1997 convicted that appellants of contempt of court and committed them for one week, even though the application for committal was not moved by counsel.