By Jude Ehebha / Special Correspondent, Ekpoma
A state High Court sitting in Uromi, Esan North East Local Government Area of Edo State has delivered judgment in favour of Anglican Church _in a land dispute between the church and Onogie of Uromi, HRH Zaiki Anslem Aidenojie.
Delivering judgment, Justice A. Oyakhilome held that Anglican Church is the rightful owner of the land, measuring 3735.678 square meters, situated at the junction of Uromi/Ubiaja Road, having obtained an absolute grant from the great-grand father of the monarch (defendant) in 1930. The court consequently granted the church’s claim and awarded damages of N1 million and legal cost of N15,000 against the defendant.
The judgment is the second legal victory recorded by the church in eight years on same land, as one Gregory Okpere had laid claim to the same land, leading to court action, at the end of which judgment was delivered in church’s favour by Justice D. I. Okungbowa on October 17, 2006.
The learned judge ruled that there were credible evidence before the court, based on exhibits provided by the claimant, that the church is the rightful owner, and dismissed the claim by the defendant that the church was a customary tenant. He said the defendant could not provide the court with credible evidence, saying that his claims were mere ‘hear say’, as evidenced by his testimonies before court, during which he only said his father told him the land belonged to the palace of Uromi.
The judge also held that the nonchallenge of the church’s occupation of the land for 83 years was at variance with “common sense”, adding that there was evidence that the claimant was in total possession of the land before the defendant’s invasion on January 2, 2014.
The judge also frowned at the behaviour of the monarch while testifying before the court, during which he feigned ignorance of the existence of Anglican Church in Uromi, an act the judge viewed as a proof of his bias against Anglican faith.
Diocese of Esan, Anglican Communion had through it counsel, Gabriel Giwa-Amu, in a suit number HCU/1/2014 dragged the monarch before the court for trespass on its land and obtained an injunction restraining the monarch, his servants, agents or privies from entering and/or in anyway trespassing and interferring with the claimant’s entire land in dispute till the determination of the case.
The claimant had alleged that the defendant had without his permission on January, 2 brought in traitors and commenced building of commercial stores on the said land, and had demanded N5 million as damages.
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