Ebonyi: Again, Court adjourns judgement over traders’ right of occupancy vs state govt

An Abakaliki  High Court  sitting in Abakaliki, Ebonyi state capital, Monday adjourned judgment of a matter between the state government and  building materials traders over alleged violation of their rights to occupancy to September 16, 2019 .

The Traders at the building materials and aluminium market, located along Afikpo road, Abakaliki had  taken the state government to court over the later’s alleged moves to demolish their shops.

The written letters had through the office of the Commissioner for Special Projects notified the traders of state governments’ intention to procure the services of a construction company to commence the demolition of all shops in the market.

Irritated by the move, the traders approached the state High Court, Abakaliki to obtain an order of interlocutory injunction restraining the state government or its agents from disturbing them from using the shops, pending the determination of the substantive suit.

The matter was instituted by Chigbogu Nwite in suit number HAB\43\2019  between Mr Chigbogu Nwite, Fredrick Odanwu, Dennis Orsuahala, Benneth Nwosu, Chief Anosike P.E and Christian Okafor, the plaintiffs sued for themselves and on behalf of all the concerned members of the market.

The applicants in the suit alleged that the plots of land they are occupying, were dully acquired from Abakaliki Local Government Council – some bought the spaces while others are on lease up to 2030, 2040, 2050, etc, but were said to be forcefully ejected by the state government without due process.

The Judge who openly apologised to parties to the dispute for the inability of the court to deliver judgment on the matter,  said exigencies of the office and other official commitment affected the judgment delivery.

He however, adjourned the judgment till September 16, 2019.

Nwancho said, “I’m unable to complete the written work on the judgment due to exigencies of office and other official commitment, hence court will adjourn to Sept 16 for judgment.”

The traders had on April 3, 2019 dragged the Ebonyi government before the Abakaliki High Court, presided by Justice Vincent Nwancho.

The judgment which was earlier fixed for July 10 was adjourned to July 29 but was further adjourned to Sept 16 due to non-readiness of judgment.

Barrister Clement Aiyamekhue, who represented Chief  Anthony Ani (SAN) and lead counsel to the plaintiffs, told journalists that the court was unable to complete the written work on the judgment and hence had to adjourn to a later date.

“The matter for today (Monday) was for judgment but unfortunately the judgment could not be delivered owing to the fact that the Judge informed the court that he just returned from Abuja and has not been able to put together everything that he needed to do.

“He has in his good wisdom appealed that a date be taken and that we have done and it was accordingly adjourned to Sept 16.

“I urge the plaintiffs to be calm, a date has been taken, and we will be in court on that date for the judgment to be delivered,” Aiyamekhue said.

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