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CONTEMPT OF COURT: Situations in which a party in contempt can be heard in a subsequent application  

 

Manuel Akinshola
Joined: 3 years ago
Posts: 190
August 30, 2020 1:22 pm  

CONTEMPT OF COURT: Situations in which a party in contempt can be heard in a subsequent application

 

"In F.A. I. B. v Ezeabu 1992 9 NWLR pt 264 p 132 The Supreme Court laid down situations in which a party in contempt, ie in disobedience of a court order can be heard in a subsequent application.

The situations are:

(a) Where the party is seeking for leave to appeal against the order which he is in contempt; or-

(b) Where the contemnor intends to show that, because of procedural irregularities in making the order, it ought not to be sustained; or

(c) Where the party is challenging the order on the ground of lack of jurisdiction; or

(d) Where all that the contemnor is asking is to be heard in respect of matters of defence."

 

Per Rhodes-Vivour, J.C.A. in

OBANDE OBEYA V. FIRST BANK OF NIGERIA PLC (CA/J/192/2005) [2010] NGSC 11 (08 July 2010);


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