BY INNOCENT OSAKWE
The Aniocha South Area Customary Court holding at Ogwashi-uku has directed the Commissioner of Police, Delta State, the Ogwashi-uku Area Commander and the Divisional Police Officer in charge of Ogwashi-uku Police Division to enforce an interim order barring one William Akeke, Chukwuma Abua, Monday Abua and five others from obstructing, interfering, obstructing one Francis Utomi, his workers or any other person deriving its consent from the plaintiff from engaging in his farm activities at the disputed land located at Isah-Ogwashi.
Also barred from the land situate at the said land are agents, privies, servants or otherwise of the defendants from the said acts pending the hearing and determination of the motion on notice for an interlocutory injunction.
Delivering her ruling on the experte motion brought by counsel to the plaintiff, Bar. Larry Olisa, the presiding president of the Area Customary Court, Mrs. Maria Ogbeifuni in the suit marked ASACC/69/2023, said the plaintiff has fulfilled the requirements to enable the court exercise its discretion to grant the application.
According to the president of the Area Customary Court, the plaintiff has shown that there is urgency in bringing the experte motion as evidence shows that the plaintiff standa the risk of lossing over forty million naira and an additional fifteen million naira if the wanton destruction of the plaintiff’s crops by the defendants are not restrained.
The court also held that the interim order is justified as the plaintiff has a legal right to protect following the allegations that the defendants have destroyed his farm crops and are making moves to sell his land.
Sighting various authorities to buttress the position of the court, Mrs. Ogbeifun, emphasized that the plaintiff has satisfied the requirements of the law for the interim order to be granted and further urged the requisite law enforcement agents to give effect to the pronouncement of the court in line with its urgency.
Recall that the plaintiff, Mr. Francis Utomi had raised alarm over the incursion into his farmland located at No: 1 Ubulu-Uku – Isah-Ogwashi-Uku road, Isah-Ogwashi-Uku by the defendants.
In a 36 paragraph affidavit supporting the motion experte, the plaintiff had disclosed that he has been in peaceful occupation of the said land in dispute for over 50 years as the land has been in possession of his family.
According to the affidavit, it was sometimes on the 22nd of May, 2023 the defendants alongside their agents numbering over 40 invaded the farmland, interrupted farm activities and further destroyed several crops planted by the plaintiff valued at several millions of naira.
Utomi had therefore urged the court to urgently intervene in the matter to forestall break down of law and order as the said defendants are unemployed youths roaming the bush in search of land to sell illegally.
