Maiduguri Metropolitant Council & Anor V. Elijah Osagie Ezekor (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TIJJANI ABDULLAHI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Ruling of the High Court of Justice, Borno State, (Coram) John Jihantikiri (J) delivered on the 28th September, 2009 wherein the learned trial Judge held that:

“As far as this court is concerned, the judgment exparte granted on 18-2-2009 is still subsisting for it had not been appealed nor set aside, therefore it still stands as the judgment of this Court.

In view of the above reason, I rule that the contempt proceedings be taken first before any other proceedings. Objection therefore sustained.”

Dissatisfied with the said Ruling, the Appellants through their Counsel filed a Notice of Appeal containing three grounds on 4th of October, 2009. Shorn of their particulars, they are:

GROUND ONE

“The trial court erred in law when it found that:

“…Dada brought his motion for contempt of the order of the court for the failure of MMC and Modu Gambo Bukar to comply with that judgment…”

and when it concluded that:

“…I rule that the contempt proceedings be taken first before any other proceedings”

GROUND TWO

The trial Court further erred in law when it held that:

“…The judgment ex-parte granted on 18th February 2009, is still subsisting for it had not been appealed nor set aside therefore it still stand (sic) the judgment of the court.

GROUND THREE