By Amara Ehia, Abakaliki
An Ebonyi State High Court sitting in Ezzangbo, Ohaukwu Judicial Division, has awarded N5.5 million damages to the family of Augustine and Ogbonnaya Uwa over unlawful trespass on their landed property in Ezillo community, Ishielu local government area.
The court also restrained the defendants, members of the Osu Akpagu, Chukwuma Omaba and Boniface Oteba families, from further interference with the disputed land.
Delivering judgment in Suit No. HAB/34/2023, Justice Esther Awo-Otah held that the plaintiffs successfully proved their claims, while the defendants failed to establish their counterclaim.
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The dispute arose from a parcel of land known as “Ana Ngeleada” at Umunnabode, Ezillo, which the plaintiffs said was leased to their late parents through a Memorandum of Land Lease Agreement executed on March 3, 1962.
The plaintiffs told the court that their family had remained in possession of the land for decades, built permanent structures on it, leased portions to tenants and engaged in farming activities without interference until 2021 when descendants of the original lessors allegedly began laying claim to the property.
Following failed efforts to resolve the matter, the plaintiffs approached the court in October 2023 seeking protection of their rights over the land.
In her judgment, Justice Awo-Otah dismissed the defendants’ counterclaim, holding that it was not supported by credible evidence.
“On these premises, I find that the defendants failed to prove their counterclaim on the balance of probability. I accordingly dismiss the counterclaim urged by the defendants,” the judge ruled.
The court declared the plaintiffs as the persons entitled to the exclusive rights, privileges and customary right of occupancy over the disputed land covered by the 1962 lease agreement.
The court further awarded N5 million general damages against the defendants jointly and severally for unlawful trespass and granted a perpetual injunction restraining them, their agents and privies from further entering or interfering with the property.
Justice Awo-Otah also awarded N500,000 cost against the defendants, bringing the total monetary award in favour of the plaintiffs to N5.5 million.
