Haruna Mohammad Olam v. Attorney General Of Katsina State (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOHAMMED BABA IDRIS, JCA (Delivering the leading judgment)

By a motion on notice dated the 6th day of June, 2016, and brought pursuant to order 41 rules 1 and 2 of the High Court (Civil Procedure) Rules Cap 60, Laws of Katsina State, 1991, and under the inherent jurisdiction of the court, the 2nd respondent as applicant at the trial court, sought for the following reliefs:

1. An order committing the 2nd, 3rd and 4th respondents to prison for contempt of this court’s order/proceedings until they purge themselves of the contempt.
2. An order directing the 2nd, 3rd and 4th respondents to return all the fertilizer they evacuated at the 1st respondents stores at Funtua between the 3rd and 4th June, 2016.
3. And for such other orders as the court may deem fit to make in the circumstance.

The motion was brought upon the following grounds:

(a) The judgment of Zamfara State High Court, in suit No. ZMS/GS/11/2004 was registered as the judgment of this court.

(b) An order for the attachment and sale of movable properties of the 1st respondent was made.

(c) The 1st respondent filed a motion on notice No. KTH/FT/62M/2016,seeking an order for the stay of execution and other orders.

(d) The motion was argued and adjourned to 20th June, 2016 for ruling.

(e) The 2nd, 3rd and 4th respondents being employee of the 1st respondent used over twenty trucks and evacuated all the fertilizer at the 1st respondents store at Unguwar Shanu Funtua, on the 3rd to 4th June, 2016.

(f) The act of the respondents was done so as to frustrate whatever outcome of this court ruling be, which, is contemptuous of this courts powers.

The complaint of the 2nd respondent is that on the 15th day of April, 2016 the judgment of Zamfara State High Court in suit No: ZMS/GS/11/2004 was registered at the lower court and a writ of attachment and sales of movable properties of the 1st respondent was issued and the machinery of executing the said judgment was set in motion which prayed for a stay of execution and injunction which was argued and adjourned for ruling.

The 2nd respondent stated that while they were waiting for the ruling to be delivered, that the 1st respondent (not before this court) instructed the appellant, the 3rd respondent (not a party in this appeal) and the 4th respondent (not a party in this appeal) to remove/evacuate all stock of its fertilizer at its stores at Unguwar Shanu, Funtua. And that the respondents engaged over twenty trucks to remove the fertilizer to an unknown destination.

The 2nd respondent stated that the act of the respondents is contemptuous of the authority of the trial court and liable to be redressed by an action for committal.

The respondents at the lower court did not file a counter-affidavit to the application as the counsel representing them informed the court that they have filed an application for stay of proceedings and the matter was adjourned to the 22nd day of February, 2017 for ruling. While giving its ruling, the trial court granted the reliefs sought by the 2nd respondent in his application.

Dissatisfied with the ruling of the lower court Coram Honourable Justice Ibrahim M. Bako delivered on the 22nd day of February, 2022, the appellant filed a notice of appeal dated the 21st day of April, 2017 raising 7 (seven) grounds of appeal.