Nelson Ononye & Ors V. Right Revd. Monsignor C. Chukwuma (2005)

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AUGIE, J.C.A.

This appeal originates from a writ of summons issued at the Registry of the High Court of Justice, Asaba, Delta State on the 28th of April, 1999. The respondent as plaintiff sued the appellant and other defendants for several declarations and an injunction. The address for service of the appellant was stated as follows:-

“The first defendant

Mr. Nelson Ononye

C/o Mr. Fideline O. Ononye

No. 40, Jaffet Street,

Cable Point, Asaba.”

On the same day, the 28th of April, 1999, the respondent filed an ex-parte motion praying the lower court for an order of interim injunction, to restrain the “defendants – from creating and using an access road behind the Saint Joseph’s Catholic Church Premises, Asaba”, and “from further trespass”. Attached to the affidavit in support of the motion as exhibit A, was a letter the appellant wrote to the respondent, wherein his address is stated as follows –

“Mr. Nelson D. Ononye

C/o Gamla Nigeria Ltd.,

Plot A39 Della Crescent

G. R. A. Benin City

Edo State.”

The lower court granted the application as prayed on the 29th of April, 1999, and on the 4th of May, 1999, the respondent filed a motion on notice brought pursuant to Order 8 rule 1 of the High Court Rules praying the court “to commit the defendants to prison for disobedience of the court’s order of interim injunction”. On that same day, 4th May, 1999, the lower court ruled as follows:-