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Court resumes hearing on alleged trespass case

By INNOCENT ANABA
An Enugu State High Court, will tomorrow, commence hearing in the suit by Bomboy Chukwudi, challenging alleged trespass on his plot of land in Old GRA Enugu, by former Minister for Science and Technology under late General Sani Abacha’s regime, Brig General Sam Momah.

Enugu Attorney General, a defendant in the suit, closed its case on February 2, 2012, following which the trial judge, Justice Roland Odugu adjourned till April 17, for parties to adopt their written addresses.

So far, four judges have heard the matter. The first judge to hear the matter was Justice Ngozi Emehelu and late Justice Nosike, who in January 2007, started the matter de novo, after the matter had gone far and Justice L. Okereke.

The said plot of land, X12 Old GRA Enugu, was allocated to the plaintiff in 1994, by virtue of letter of allocation from Director General of Lands, with reference No. LEN17811/13 of August 10, 1994 and Certificate of Occupancy, (CofO) registered as No. 54 at page 54, volume 1399 in the Land Registry Office Enugu.

The plaintiff had claimed that after fencing the land in preparation to commence work on the said land, the defendants trespassed on the land, claiming that same had been allocated to them.

The court is to determine the legality of the alleged re-allocation of the land, without first revoking same.

Enugu State Attorney General had prayed the court to strike out the name of the Commissioner for Land and Survey, arguing that it was not a juristic person, a prayer that was granted by the court, while the Attorney General asked to be joined as a party, which was also granted by the court.

The plaintiff in the suit, had argued that he was the “th lawful owner of Plot X12 Old GRA Enugu by virtue of letter of allocation from Director General of Lands, with reference Nos. LEN17811/13 of August 10, 1994 and C of O. registered as No. 54 at page 54 volume 1399 in the Land Registry Office Enugu. After the said allocation, I built wall fence and massive gates round my plot and returned to Lagos. Major General Sam Momah entered into my plot and when I discovered, I sued him before an Enugu High Court and later joined the Commissioner for Lands and Survey Enugu State on March 2004.”

He is praying the court to declare him the rightful owner of the hand and dismiss the objection of the defendants..


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