Court resolves 27-year old land matter in favour of villagers
An Imo State High Court, presided over by Hon. Justice K. A. Ojiako, has resolved a 27-year old land dispute, in favour of Amawom Village, Owerri Municipal, Trumpeta learnt.
The Plaintiffs, Boniface Osuji Onyeagocha and 11 others, instituted the suit, HOW/146/1999, on behalf of Amawom people, against Imo State Government, the Military Administrator of Imo State, the Attorney General and Commissioner for Justice, Imo State and the Commissioner for Lands, Survey and Urban Planning, Imo State.
According to report available to Trumpeta, Delivering the judgment, which lasted over two and a half hours, Justice Ojiako held that “the Claimants are entitled to the statutory right of occupancy over the pieces or parcels of land known as and called or designated Housing Area K and Restoration Layout, situate and lying at the New Owerri Capital Territory, Owerri”.
Part of the Court Order read: “It is hereby declared that any purported allocation, grant or lease of plots of land within the said Housing Area K and Restoration Layout of the New Owerri Capital Territory, Owerri, to any person or persons or individuals, by the Defendants, is unconstitutional, unlawful, null, void and of no effect whatsoever.”
While declaring that any purported acquisition of the aforesaid pieces or parcels of land, subject matter in the suit, “by the Defendants is unconstitutional, unlawful, null and void and of no effect whatsoever”, Justice Ojiako also placed an order of perpetual injunction against the Defendants.
It read: “An order of perpetual injunction is hereby decreed, restraining the Defendants, their agents, servants and privies and all those claiming through or under them, howsoever and in whatsoever manner, from entering into the lands, mapping out into plots, surveying and/or carrying on any acts which are contrary or inconsistent with the rights, interests and property of the Claimants on the said lands.
“The Defendants shall pay the Plaintiffs the sum of N30m as damages for trespass into the said land in dispute.
“The Defendants shall pay costs of this action fixed at N5m.”
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