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  • Fame Publications Ltd v. Encomium Ventures Ltd
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  • 2000-07-31
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Fame Publications Ltd v. Encomium Ventures Ltd

FAME PUBLICATIONS LTD.

V.

ENCOMIUM VENTURES LTD.

KUNLE BAKARE

FEMI AKINTUNDE JOHNSON

CORPORATE GUARD SECURITY LTD.

COURT OF APPEAL

( LAGOS DIVISION )

ATINUKE OMOBONIKE IGE,  J.C.A. ( Presided )

PIUS OLAYIWOLA ADEREMI,  J.C.A. ( Read the Leading Judgment )

IFEYINWA CECILIA NZEAKO,  J.C.A.

CA/L/280M/97

TUESDAY 4TH JANUARY, 2000

CONTEMPT - Of court - Party in contempt of - When not to be heard -  Exceptions thereto

CONTEMPT - Of court - Rule that party in contempt should not be heard Exceptions thereto

CONTEMPT - Forms 48 and 49 - Failure to serve - Whether an excuse for adversary to breach order of court.

COURT - Contempt of - Authority to deal with contemptuous act of a party - Source of

COURT - Contempt of - Party in contempt - When not to be heard - Exceptions thereto

JUDGMENT AND ORDERS - Disobedience of order of court - Failure to serve forms 48 and 49 - Whether an excuse for adversary to breach order of court

JUDGMENT AND ORDERS - Invalid order of court - Whether party can disobey

JUDGMENT AND ORDERS - Orders of competent court - Need for parties to obey - Failure to obey - Effect

Issue:

Whether a party who is in contempt of court can generally be  heard by the court whilst still in contempt.

Facts:

On 30th May, 1997, the Federal High Court Lagos, Odunowo, J restrained the parties to suits Nos. FHC/L/CP/567/97 and FHC/L/CP/608/97 from publishing “Fame” or “National Encomium” pending the hearing and final determination of the motions on notice in both suits.

The appellants/respondents were alleged to be in contempt of the court in that they have since then produced the National Encomium.  The respondent, therefore, filed an application in the court below that the appellant should not be heard on its application until it purges itself of the contempt.

The appellant appealed whereupon the respondent, raised a preliminary objection that the appellants should not be heard until they purge themselves of the contempt.