Respondent claimed entitlement to right of easement over a portion of land and asked the courts to restrain the appellant, his agents, servants or privies from obstructing or blocking same.

On June 20th 1991, respondent filed a motion on notice for Interlocutory Injunction against appellant and appellant entered appearance on 8th July, 1991 together with a counter affidavit to the motion for interlocutory injunction. During the pendency of the motion and because of the imminent closure of the land, respondent filed an ex parte motion for interim injunction which was heard by Ogbuagu J. on 16th September 1991. The Judge granted the order of interim injunction as prayed, pending the hearing of the application for an order of interlocutory injunction. The order was served on the appellants on 19th September 1991. Delays occurred along with adjournments after the parties might have agreed that the circumstances of the case warranted a visit to the locus in quo by the court. The case finally ended up in the court of Anyawu J.

During the pendency of the interim injunction, the appellant built a wall contrary to the terms of the order. Owing to the disobedience of the order of September 16th 1991, respondent commenced proceedings against appellant under order 42 rule 2(1) Imo State High Court (Civil Procedure) Rules, 1988. Appellant filed a counter affidavit wherein he denied service of any notices to him. When the matter commenced, the respondent called the bailiff of court who testified on oath that he served the appellant with the said court order and form 128.

The trial Judge held that the appellant deliberately disobeyed the order of the court made on September 16th and accordingly, he found him in contempt of the order of court. He ordered appellant to go to jail for 3 months or pay a fine of N500. Appellant was ordered to remove the offending wall within 14 days and pay N500 costs to respondent.