The dispute over 20 hectares of land situated at Amankwo-Eke community, Udi local council of Enugu State has finally been laid to rest, following an Appeal Court judgment, Enugu division, which absolved the community of any wrongdoing in the sell of the property.
Some aggrieved members of the community, namely; Chief Loretta Aniagolu, Comrade Morgan Anigbo, Ndubuisi Comliet, Remigus Aniagba and the chairman of the Local council, had in 2011, instituted suit against the community and a food producing company, Zans-Foods Beverages Limited before an Enugu State High Court.
The suit was filed on the ground that the community did not seek their consent before the land was allocated to the company for the establishment of a factory.
Consequently, the plaintiffs prayed for an order, restraining the company from accessing the land, and barring the community from issuing Right of Occupancy to the company.
But the community in a counter-claim argued that the respondents had no ‘locus-standi to challenge the decision of the community, noting that the land being a communal land ‘was validly assigned and donated by the community to the company.
The appellants also argued that they have the right to issue Right of Occupancy to the company and urged the court to restrain the respondents ‘ either by itself servants, agents or thugs from trespassing, interfering or threatening to interfere’ with the land.
They also demanded for a sum of N100million as damages ‘for acts of trespass’ committed by the plaintiffs on the said land.
On June 30, 2014, the trial judge, Justice A.A Nwobodo in his judgment dismissed appellants’ counter claims and set aside “the donation and alienation of the land in dispute to the company.
Dissatisfied with the judgment the appellants on August 21, 2014, filed a Notice of Appeal, raising 18 grounds of appeal.
In the appeal, the appellants through their counsel, Emeka Ozoan, raised several issues for determination, namely; whether the Writ of Summons filed by counsel to the respondents, Tony Igboji, was duly signed as required by the law, which would have given the lower court the jurisdiction to entertain the suit.
Also, Ozoani had argued that the Writ of Summons by which the suit was commenced at the lower court was not signed by the counsel to the respondents as required by the law.
Ruling on the matter, the three-man panel of the Appeal Court ruled in favour of the appellants.
In her lead judgment, Justice Mistura Omodele Bolaji-Yusuf set aside the judgment of the High Court of Enugu State delivered in suit E/268/2011 in respect of the respondents claim for lack of jurisdiction.
She however upheld the decision of the lower court that “there was no consensus by the community with regard to the size of the land to be given to the company.
“From the entire pleadings of both parties and the evidence adduced, it is beyond argument that the transaction was done under customary law. The evidence before the court proved that the 20.027 hectares of land was without approval of the general meeting of the town union or the community, which is highest decision making of the community.
“In conclusion, the appeal succeeds in respect of the respondents claim.
The judgment of the High Court of Enugu State delivered in suit E/268/2011 in respect of the respondents claim is hereby set aside for lack of jurisdiction,” she declared.
Other members of the panel, Justices Tom Shaibu Yakubu and Rita Nosakhare Pemu also aligned themselves with the judgment of Justice Mistura.
“A cursory look at the writ of summons shows it was not signed by the plaintiffs. There is no address for service and was not even certified. These lacunae are a travesty of the rules and indeed law relating to the form, which a writ of summons should take. It is my humble opinions that in the face of this gross lacunae, the proceedings at the lower court remain a nullity no matter how well conducted. This lacunae remains a virus which cannot be removed,” Justice Pemu ruled.
