An Edo State High Court sitting in Benin has restrained the Edo State Government and two others from trespassing on a parcel of land measuring approximately 200.309 hectares, as marked and delineated in survey plan No. SEA/ED/97, situated in Obagie-Nevbuosa, Ikpoba Okha Local Government Area.
The restraint order was pending the hearing and determination of the substantive suit filed by Mayer Uyiekpen Ologbosere and Porticall International Farm Ltd.
The defendants in the suit marked B/672/2023 include the Governor of Edo State, the Edo state Attorney General and Commissioner for Justice, and the Commissioner for Physical Planning and Urban Development in the state.
The decision of the court presided over by Hon. Justice A. N. Erhabor followed a motion on notice brought pursuant to Order 40 (1)(2)(3) and (4) of the Edo State High Court (Civil Procedure) Rules 2018 and under the inherent jurisdiction of the court.
The claimants/applicants had prayed the court for an order of interlocutory injunction to restrain the defendants/respondents, their servants, agents, or any person acting on their behalf or instruction, from further trespassing on the claimants’ farm complex where Coral City is about to be sited in Benin
Additionally, the claimants/applicants sought any other orders the court may deem fit in the circumstances of the case.
Mayer Uyiekpen Ologbosere and Porticall International Farm Limited had approached the Court following an alleged sudden takeover of the large expanse of their farmland with a certificate of occupancy number EDSR 14764 by the Edo State government.
The claimants/applicants had filed a 28-paragraph affidavit, Exhibits and a written address attached while the Defendants/Respondents filed a 7-paragraph counter affidavit and a written address attached.
Consequently, the court stated that the affidavits from both parties are highly contentious, even combative and added that restraining one side in the matter may send a wrong signal that the matter has been decided against the party so restrained.
The court however restrained both parties in the suit, their agents, servants and anyone acting on their authority and promised to give the matter an accelerated hearing for peace and order.
Meanwhile, the court issued a Notice of Consequence of Disobedience to the Order of the Court to the General Manager of the Coral City Office, the Managing Director of Edo Geographic Information Service, the Attorney General and Commissioner for Justice of Edo State, the Managing Director of Hartland Construction Company Limited, the Managing Director of Sterling Bank PLC, and the Commissioner for Physical Planning and Urban Development.
In a notice sighted by newsmen in Benin City and signed by the registrar, the court said “Take Notice that unless you obey the directions contained in this order, you would be guilty of contempt of court and would be liable to be committed to prison “.
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