Court restrains Edo govt, firm in Coral City land ownership tussle
AN Edo State High Court sitting in Benin City has restrained the claimants and defendants from trespassing on land measuring approximately 200.309 hectares, situated in ObagieNevbuosa, Ikpoba Okha local council pending the hearing and determination of a substantive suit filed by Mayer Uyiekpen Ologbosere and Porticall International Farm Limited.
The defendants include the Edo State governor, the State’s Attorney General and Commissioner for Justice, and the Commissioner for Physical Planning and Urban Development. The decision of the court presided over by Hon. Justice A. N. Erhabor followed a motion on notice brought pursuant to Order 40 ( 1)( 2)( 3) and ( 4) of the Edo State High Court ( Civil Procedure) Rules 2018 and under the inherent jurisdiction of the court.
The claimants/ applicants had prayed the court for an order of interlocutory injunction to restrain the defendants/ respondents, and their servants, agents, or any person acting on their behalf or instruction, from further trespassing on the claimants' farm complex where Coral City is about to be sited in Benin city.
Additionally, the claimants/ applicants sought any other orders the court may deem fit in the circumstances of the case. Ologbosere and Porticall International Farm Limited had approached a Benin High Court following the sudden taking over of the large expanse of their farmland with a certificate of occupancy number EDSR 14764 by the Edo State government.
The claimants/ applicants had filed a 28- paragraph affidavit, exhibits and a written address, while the Defendants/ Respondents filed a seven- paragraph counter affidavit. Consequently, the court stated that the affidavits from both parties are highly contentious, even combative and added that restraining one side in the matter may send a wrong signal that the matter has been decided against the party so restrained.
The court, however, restrained both parties in the suit, their agents, servants and anyone acting on their authority and promised to give the matter an accelerated hearing for peace and order.
ALSO, the court issued a Notice of Consequence of Disobedience to the Order of the Court to the General Manager of the Coral City Office, the Managing Director of Edo Geographic Information Service, the Attorney General and Commissioner for Justice of Edo State, the Managing Director of Hartland Construction Company Limited, the Managing Director of Sterling Bank Plc, and the Commissioner for Physical Planning and Urban Development.
In a notice signed by the court registrar, the court said "Take notice that unless you obey the directions contained in this order, you would be guilty of contempt of court and would be liable to be committed to prison."