Judiciary
JUSTICE E. N. Alukwu of Enugu State High Court has restrained a lawmaker, Mr Emeka Madu, from further trespassing or selling of a portion of land in dispute in the state capital.
Madu is a member of Enugu State Assembly representing Igboeze South State Constituency of the state.
It would be recalled that Alukwu had while ruling on a motion exparte on June 9 restrained the lawmaker from further trespassing on the land situated in Old Artisan Market, Asata, Enugu.
The judge also restrained him, his agents, privies and workmen from obstructing, destroying or erecting any structure on any portion of the disputed land and adjourned until June 24.
On the resumed hearing, Counsel to the respondent, Mr J. C. Oloto told the court that his client was served with an interlocutory injunction by the plaintiffs.
He, however, said that he had a motion for joinder which should take precedence and consequently, applied for the joinder of Juken Investment Ltd. as a co-defendant.
Counsel to the plaintiffs, Mr Victor Okoye did not oppose the joinder application but applied for the renewal of the interim injunction pursuant to Order 39, Rule 3(4).
Okoye said that the renewal of the interim injunction would enable the plaintiffs to serve the notice of interlocutory injunction on the newly joined defendant, Juken Investment Ltd.
The judge then granted the application for joinder and extended the interim injunction restraining the lawmaker pending the hearing application for interlocutory injunction.
The case was adjourned until July 15 for a hearing of the motion on notice.
It would be recalled that the plaintiffs Chukwuani Afamefuna, Chukwuani Kenechukwu and Chidera Okoye had sued Madu to court over a disputed land situated at Artisan Market, Asata, Enugu.
The plaintiffs in their statement of claims averred that since 1970, they had been in continuous possession of the piece of land measuring 8,860.67 square metres through their predecessor in-title, Alhaji Zubairu Isa.
They said that the land originally owned by Nigeria Railway Corporation (NRC), was allocated to Isa in 1970 under Temporary Occupation Licence by NRC.
The plaintiffs said that upon the death of Isa, his son Mu’azu Zubairu transferred all his interest in the land to the plaintiff’s late fathers as joint owners by virtue of an agreement dated July 13, 2000.
They averred that their late fathers jointly applied for the change of ownership which was approved through a letter dated Aug. 8, 2000.
They claimed that sometime in 2019, some concerned neighbours informed them that the defendant had broken into the property, removed all the tenants and pulled down all lockup stores in the premises with earth-moving equipment.
They averred that upon confronting him over trespass, the defendant allegedly threatened to use his legislative might to arrest them. (NAN)
– Jun. 24, 2020 @ 16:29 GMT |
Tags: Alleged land grabbing: Court restrains Enugu lawmaker from trespass
