Omon-Julius Onabu in Asaba
The Ogwashi-Uku Kingdom in Aniocha South Local Government Area of Delta State has been thrown into a jubilant mood as it has secured a significant legal victory in a prolonged land dispute with the neighboring Esemese Community of Ibusa in Oshimili North Local Government Area of the state.
This followed a landmark ruling delivered by the Delta State High Court sitting in Ogwashi-Uku, in Suit No. A/M/62/2015, which turned down the principal application by the Esemese Community of Ibusa seeking an order for the execution of the judgment arising from an earlier litigation between the parties.
The applicants had, through their counsel, P. U. Lotobi, sought among other reliefs, an order permitting the execution of the said judgment and the substitution of several deceased parties to the proceedings.
While the court granted the applications relating to the substitution of deceased parties from the Esemese community, it declined the principal relief seeking an order of execution.
The court, presided over by Hon. Justice Flora Ngozi Azinge, also approved the substitution of the late HRM Obi Professor Chukwuka Okonjo with the present Obi of Ogwashi-Uku, HRM Obi (Dr) Ifechukwude Aninshi Okonjo II, represented in the proceedings by his counsel, Chief Arthur Obi Okafor (S.A.N).
In line with applications by the Ogwashi-Uku community before the Supreme Court, the Kingdom asked that the Court restored the original litigation survey plan forming part of the earlier proceedings.
Moreover, the present proceedings, the High Court further gave an order for the litigation survey plan to be duly interpreted by a registered surveyor.
Ogwashi-Uku Kingdom had previously raised concerns over the interpretation of the litigation survey plan associated with the Supreme Court judgment.
The Kingdom had argued that attempts had been made to rely on a survey plan that differed from the original litigation survey plan relied upon by the respected court.
Nonetheless, stakeholders in Ogwashi-Uku community have welcomed the ruling, describing the verdict as an important safeguard against what they termed as mischievous attempts to extend the earlier judgment beyond the land actually litigated.
In the view of the Aboh of Ogwashi-Uku, Chief Jude Obidi, who also a lawyer, the decision is definitely a remarkable development, noting that the boundary between Ogwashi-Uku and Ibusa is obviously at the Oboshi River.
The ruling reinforces the principle that court judgments must be enforced strictly within the boundaries of the land actually determined by the courts and not beyond them, he noted.
The broader boundary dispute between Ogwashi-Uku and Ibusa remains pending before the Delta State High Court in a separate action instituted by the Obi of Ogwashi-Uku to determine the precise boundary between the two neighbouring communities, he further said.
Obidi commended the Ogwashi-Uku monarch for his steadfastness in protecting the territorial interests of the kingdom through only lawful avenue and the judicial process.
“The latest ruling is expected to have significant implications for future attempts to enforce the earlier judgment pending the final determination of the boundary dispute between both communities. With this ruling, the claims by Ibusa for the areas around Admiralty University have been thrown into serious doubt”.
Similarly, the Palace of the Obi of Ogwashi-Uku through the Chief of Staff to the Obi of Ogwashi-Uku, Prince Onyema Okonjo welcomed the rejection of the request by the court.
He said, when contacted, that “the Obi of Ogwashi-Uku reserves the right to seek appellate review of any portion of the ruling he is dissatisfied about”, warning land prospectors to desist from trespassing Ogwashi-Uku’s ancestral territorial land.