CORAM
ANTHONY IKECHUKWU IGUH, JUSTICE SUPREME COURT.
PARTIES
G. O. BOYO APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The High Court granted leave to the respondent via an ex parte application based on hearsay evidence to serve a motion on the appellant for him to show cause why he should not be punished for contempt.
HELD
The court held that the annexure in support of the affidavit upon which the High Court granted the application were not legal evidence and therefore did not meet the requirement of the rules for granting such ex pate application.
ISSUES
Whether the ex parte application granted by the High Court satisfied the requirement of Order 52 rule 2 of the English Rules 1970 and liable to be set aside.
RATIONES DECIDENDI
GRANT OF LEAVE VIA EX PARTE APPLICATION BASED ON HEARSAY EVIDENCE
the court in granting leave under 0. 52, r. 2 must satisfy itself that the application contains the following particulars-
(i) that the application is supported by a statement setting out the name and description of the applicant;
(ii) the name, description and address of the person sought to be committed;
(iii) the grounds on which his committal is sought; and
(iv) an affidavit filed before the application was made to the court for leave verifying the facts relied on to support the grounds on (iii) above. Per SowemimoJ.S.C
CASES CITED
STATUTES REFERRED TO