Traders and concerned members at the popular Abakpa Main Market, Abakiliki of Ebonyi State have prayed the state High Court, presided over by Justice Anselm Nwaigwe to restrain the state government or its agents from disrupting business activities at the market.
The traders in their motion also prayed the court not to allow the event of August 28, 2019, where suspected agents working for the state government invaded the market and sealed some shops and residents until the determination of the motion on notice is given.
Counsel to the applicants, (traders) Mr Anthony Ani SAN, who filed an ex-parte motion in support of the original suit No. HAB/124 /2019 between the two parties, prayed the court that the action was necessary so as to protect and preserve the rest from being destroyed by the defendant and her agents.
He also stated that it was in pursuant to Order 3, rule 2(4) (A) and (B) and order 39 rule 3(1) and 2 High Court (civil procedure) rules of Ebonyi State, 2008 and under the inherent jurisdiction of this honourable court.
“In total disregards to the Principle of lis pendis, the defendant on 28th Aug. 2019 through it’s servants, staff, officers, surrogates, agents privies, contractors, appointees or persons acting on its behalf, instructions or directives, went into the Abakpa Main Market in dispute and started doing the acts being sought to be restrained in the motion on noticed served on it and in so doing injured and purportedly sealed some shops belonging to the plaintiffs.
“So there is a need to protect and preserve the rest from being destroyed by the defendants.
“There is an urgent need to restrain the defendants and their agents from victimising, harassing or carrying out any punitive action against the applicants and their members in whatsoever manner in connection to this matter pending the hearing and determination of the motion on notice,” he explained.
But Justice Nwaigwe who was recently sworn in as Chief Judge of Ebonyi State adjourned the matter to November 1 2019.