High Court of Anambra State of Nigeria, Aguata Judicial Division Holden at Ekwulobia, presided over by Hon. Justice C.N. Mbonu-Nwenyi has struck out an appeal filed by Mr. Chikaodili Okeke against the ruling of the Customary Court of Anambra State of Nigeria, in the Orumba North District holden at Nanka on the 30th January, 2013 in favour of the plaintiffs, Caroline Nwokeke and Victoria Ozoemena (suing for themselves and on behalf of Master Chinecherem Nwankwo Ozoemena as his Next Friends and Guardians) as the rightful owner of the New Jack City Lodge located behind Green and White Lodge, Uhudo Okeani Village Oko in Orumba North Local Government Anambra State.
Master Chinecherem Nwankwo Ozoemena, a teenager and only son, is reportedly the assumed heir to the said Lodge which however was hijacked by the defendant, Mr. Chikaodili Okeke necessitating the legal action to reclaim the said property.
Recall that following the first judgment delivered in favour of the plaintiffs, Caroline Nwokeke and Victoria Ozoemena (suing for themselves and on behalf of Master Chinecherem Nwankwo Ozoemena) on the 30th January 2013 in the Customary Court of Anambra State of Nigeria, in the Orumba North Court District Holden at Nanka, Barrister N.B Gbarade, the legal counsel to the plaintiffs/judgment Creditors obtained a Writ of Execution on the said property against the defendant.
The application was accepted and signed by the Registrar and the President of the Customary Court on behalf of the Judgment Creditors and execution was carried out.
However, the defendant not satisfied with the judgment of the Customary Court made an appeal in the High Court of Anambra State of Nigeria, Aguata Judicial Division Holden at Ekwulobia and presided over by Hon. Justice C.N. Mbonu-Nwenyi where he made three prayers to the Court.
The appeal was struck out by Hon. Justice Mbonu-Nwenyi of the High Court on Monday, 16th of April 2018, for lack of merit.
Delivering the judgment, Justice Mbonu-Nwenyi said, “This is an appeal against the judgment of Customary Court, Agudo Nanka delivered on the 30th day January 2013 wherefore the plaintiffs claim from the defendant for the following reliefs: 1. A declaration that Master Chinecherem Ozoemena is the person entitled to the customary right of occupancy over and in respect of all the expanse and parcel of land known as the ‘OBI’ of Ozoemena lying and situate at Ozoemena’s compound UHUDO Village, Oko Town.
“In this application, the applicant has not shown in his affidavit the grounds upon which this application should be granted nor attached any proposed Notice of Appeal to show that on the face of it, a Prima facie ground of mixed law and facts upon which the applicant would appeal exists to enable this court exercise its discretion in his favour by granting him the leave sought. As there is no fact deposed to in the affidavit nor the proposed Notice of Appeal attached to this application, same is lacking in merit and is accordingly struck out”.
It the light of the said judgment, Mr. Chijioke Agodi, the Caretaker of the New Jack City Lodge, in a notice signed by himself and the plaintiffs for Master Chinecherem Ozoemena notified the occupants of the lodge as well as the general public that the lodge would no longer be rented out to the public with effect from the 1st January, 2019 advising those currently occupying the property to vacate their belongings on or before December 31, 2018.
The notice reads,” “The Landlord/Owner of the New Jack City Lodge behind Green and White Lodge, Uhudo Okeani Village Oko, wishes to inform the general public that the said lodge is not for rent starting from January 1st 2019. If you are already living in the Lodge, make sure that you pack out on or before December 31st 2018. If you see any person that wants to pay house rent in the said lodge, kindly tell him/her not to do so. This notice is based on the subsisting judgment and order of Aguata High Court”.
In an interview with our correspondent, the President of the New Jack City Lodge acknowledged that they were in receipt of the notice as well as the details of the court judgment as was served on them by the caretaker, Mr. Chijioke Agodi.
While expressing their willingness to comply with the notice, he however pleaded for more time from the caretaker to enable them make arrangements to secure new apartments.
Send your news, press releases/articles to augustinenwadinamuo@yahoo.com. Also, follow us on Twitter @ptreporters and on Facebook on facebook.com/primetimereporters or call the editor on 07030661526, 08053908817.
