By: Lawrence Njoku, Enugu

An Enugu State High Court has resolved the long-standing legal battle over Plot B/23C, Independence Layout, Enugu, in favour of real estate firm, Hymac Real Limited.

The disputed land, which measures over 6,000 square metres, had been at the centre of controversy since 2021 after it was allegedly encroached upon and unlawfully allocated by individuals without proper authorisation.

In Suit No. E/658/2021, filed by Hymac Real Limited against the Nigerian Society of Engineers (NSE) Enugu State branch, the Nigeria Union of Local Government Employees (NULGE) Enugu State branch, Barr. Okey Ezugwu, and unknown persons, the presiding judge, Justice C. O. Ajah, ruled that Hymac Real Limited was the rightful allotee of the land.

According to the court, the land was originally allocated to Rainbownet Limited in 2001 by the Enugu State Government, but the title was officially revoked on May 17, 2017. The state government subsequently reallocated the land to Hymac Real Limited.

The defendants, however, had claimed that the land was allotted to them between 2010 and 2014—before the revocation of Rainbownet’s title—raising questions about the legality of their claims.

Counsel to Hymac, Sam Orji, argued that the defendants’ claims were invalid as the land was still under Rainbownet’s title at the time and no official subdivision had been carried out in accordance with the Town Planning Law of Enugu State.

Orji asked the court to determine whether any right of occupancy could be granted to the defendants while Rainbownet’s interest was still valid. He also questioned whether any portion of the land could be legally allocated without proper subdivision, which must be signed as subsidiary legislation by the Commissioner in line with the law.

Justice Ajah agreed with the claimants, ruling that any allocations made to the defendants were null and void. He affirmed Hymac Real Limited as the legitimate holder of Plot B/23C and awarded N5 million in damages in its favour.

Speaking after the judgment, the Managing Director of Hymac Real Limited, Okey Ayogu, expressed appreciation to the judiciary, describing the courts as the last hope of the common man.

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Ayogu attributed the favourable ruling to the investment-friendly policies of the Governor of Enugu State, Peter Mbah, stating that the administration had created an environment where justice could prevail regardless of status or influence.

“For over three years, the judiciary was under pressure in this matter,” he said. “But Governor Mbah has shown that Enugu is open to genuine investors. With this judgment, any investor can be confident that their property rights will be protected.”

He called on other investors to consider Enugu as a prime destination, highlighting its peaceful environment and pro-business government.