Court strikes out suit to reverse its own judgement

Court strikes out suit to reverse its own judgement

Court strikes out suit to reverse its own judgement

By Chinwe Nwacha, Onitsha

Justice Pete Obiorah, the Administrative Judge of Ogidi High Court in Anambra Tuesday, struck out a motion asking it to set aside a judgement which he delivered on July 26, 2022.

In his ruling in the motion on notice brought before it by 27 co-landlords of Zone 2 and Zone 3 sections of Building Materials International Market, Ogidi, Justice Obiorah advised that rather than dissipating their energy and wasting time of the court, the applicants should approach other parties in the matter for a possible amicable resolution of the matter, since they have a good lawyer in the person of Barrister Pat Agbata.

Justice Obiorah had on July 26, 2022, delivered a judgement asking the executive members of Nkwelle Ogidi Development Union to allow late Barrister C.J. Asiegbu to take over two plots of land measuring 50 feet by 100 feet each and known as plots C11 and C12 at Mgbago labd, Phase 1, Block 25, Nkwelle Ogidi within the building materials market premises, to serve as his professional fee which he used in handling a matter for them in the past, when he was still alive.

Justice Obiorah had equally granted the family of the late Barrister  Asiegbu a motion to levy an execution by way of locking up the shops of the applicants which made them to file this motion on notice asking the court to not only set aside its earlier judgement but also to make an order to stop further levying of executions in the said market.

But in the motion filed on their behalf by their legal counsel, Chief Pat Agbata Esq. the co-landlords/shop owners contended that they were not aware abinitio that the portion of the land where their shops are presently situated had been ceded to the Late Barrister Asiegbu before they bought the shops from the developers.

In the motion brought pursuant to Order 44, Rules 4 of Anambra state High Court Civil Procedure Rules, 2019 and under the Inherent Jurisdiction of this honourable court, the applicants, Israel Anidebe, Daniel Udeh, Joshua Azigba, Stephen Nwezu, P. I. Anolue, Ugochujwu Ezeuba, Emeka Nnanyelugo and Samuel Offoredu are asking the court to set aside the execution levied on October 28, 2022 and further levying of executions in respect of the July 26, 2022 judgement of the court.

They are also asking the court to restrain the plaintiffs/respondents (Late C.J. Asiegbu  family) from further levying executions on their properties, as well as an order of the court releasing their executed properties (reopening of their locked shops) and for such further order or orders as the honourable court may deem fit to make in the circumstance.

The motion was accompanied by an affidavit and a written address in its support which was deposed to by one of the applicants, Edochie Edwin Chibuike who averred that as shop owners at the Zone 2 and Zone 3 at the building materials market, Ogidi/Ogbunike, they had already developed the land and built the market before coming into the market as shop owners.

They contended that they were not even aware of any court case between the Late Barrister Asiegbu and members of Nkwelle Ogidi development union, adding that the developer had finished building the market and sold it off to individuals to buy and a lot of people, including themselves bought many shops in the market.

They pleaded that if there is a need to give Late Barrister Asiegbu family a land to settle his outstanding professional fee, Nkwelle Ogidi development union should give him land somewhere else and not at Zone 2 and Zone 3 where their shops are presently situated.

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