By Christopher Oji
Justice E.G Timi of Delta State High Court has restrained Obi Ikechukwu Nkeobikwu Osadume 1 and five others from trespassing on or in any other way interfering with the landed property in Onicha-Ugbo, Aniocha North, Delta State.
The defendants were further retrained from having any commercial activities on the area of land as specified in the Survey Plan with No. LSU:399 and Survey Plan No. LSU: 1821. Other defendants are: Chief Ifeoha Donatus Azikwe, Chiemeke Emmanuel, Andrew Azikwe, and Mayor Azikwe.
The court’s ruling was followed by the suit filed by Ibezimakor Christopher Udeze, Noel Onochie Udeze, Olikeze Udeze, Kenneth Ugo Udeze, and Chidubem Kingsley Udeze, who sued for themselves and on behalf of the other members of the Udeze Aniemeke family.
While delivering the ruling, Justice Timi held that the defendants or their assigns, servants, workers or privies must stay away from committing further acts of trespass on or in any other way interfering with the claimants’ commercial activities, on the area of land as specified in the Survey Plan No. LSU:399 and Survey Plan No. LSU: 1821 attached to the Deed of Grant dated 28/02/1974, and Deed of Indenture dated 07/06/1976, respectively, pending the determination of the substantive suit.
The judge, after hearing the submission of counsel to the claimants/applicants, ordered that the evidence, the status quo would, therefore, be maintenance of the situation of things after the respondents broke into the land in dispute and destroyed both the farm houses and economic trees of the applicants.
He further held that: “Having said the above, particularly in view of my findings on issues 1, 2 and 3, in respect of the existence of a serious question to be tried, the balance of convenience and reasonability of applicants conduct in bringing this application, the applicants have been able to convince this court of the existence of issues 1, 2 and 3 and, most importantly, the fact that the application is not frivolous, the application, therefore, succeeds and same is accordingly granted.
