THE REPUBLIC v. RAMATU KUMOJI & 2ORS
2025
HIGH COURT OF JUSTICE
Areas of Law
- Civil Procedure
- Tort Law
2025
HIGH COURT OF JUSTICE
AI Generated Summary
The Applicant filed a motion to commit the Respondents for contempt due to their actions on a disputed property despite a pending injunction motion. The Respondents claimed they were executing a lawful judgment from a higher court. The Court held that the Respondents were in contempt for their actions during the pendency of the injunction application. Nonetheless, due to the familial relationship among the parties, no custodial sentence or heavy fines were imposed, and the Respondents were cautioned and discharged.
Applicant Filed the Motion on Notice for Committal of the Respondents for Contempt of court.
Attached to the motion paper is the affidavit in support. Permit me to quote the relevant parts of the affidavit in support of the application.
1. That I commenced an Action against the 1st to the 29th Defendants/Respondents for reliefs as endorsed on the Writ of Summons and Statement of Claim and on the 15th day of January, 2024, the 30th and 31st Defendants caused their lawyers to file a motion for Joinder to be joined to the suit and the Joinder Application was granted by the Honorable Court. Attached for the perusal of the Court is “Exhibit A” which is a copy of the Joinder filed by the 2nd and 3rd Respondents.
2. That on the 21st day of August, 2024, I filed a further Amended Statement of Claim Pursuant to the Order of the Court dated 14th August, 2024 for the following reliefs, with a copy of the Amended Statement of Claim attached as “Exhibit B”:
a. A Declaration that the plaintiff remains the owner in possession of the disputed property.
b. A further Declaration that the Defendants have no interest in the disputed property.
c. An order for recovery of possession of the portions of the property that has been trespassed upon by the Defendant on a particular date to be given by the Honorable Court.
d. An Order by the Court declaring any Judgement given in respect of the property in issue without notice of Plaintiff as void due to the fact it was procured by fraud.
e. Perpetual Injunction restraining the Defendants, their servants, agents, successors in title, assigns and whomsoever gains title through the Defendants, from setting foot onto the subject matter and laying claim to any piece thereof, f. Damages for trespass.
g. Any other reliefs that the Honorable court deems fit and proper. 3. That whiles the matter is still subsisting, the 1st Respondent on or about 29th of August, 2024, sacked a tenant whom I had put in occupation in one of the properties I had constructed on the subject matter and demolished the building.
4. That the 1st Respondent also hired workers to break off portions of the property she destroyed leading to the destruction of the premises.
5. That I filed a Motion on Notice for Interlocutory Injunction and Preservation of Property against the 1st Defendant/Respondent on the 10th day of September, 2024. Attached and marked as “Exhibit C” is the motion on Notice for Interlocutory Injunction and Preservation of Property.
6.