By Anne Azuka
Stakeholders in Ogwashi-Uku Kingdom, Aniocha South Local Government Area of Delta State, have welcomed a Delta State High Court ruling that declined an application by the Esemese Community of Ibusa to execute an earlier judgment in a long-running land dispute between the two communities.
The ruling, delivered in Suit No. A/M/62/2015 at the High Court in Ogwashi-Uku, refused the principal application seeking an order to enforce the earlier judgment. However, the court granted the substitution of deceased parties involved in the case.Counsel to the applicants, Barrister P. U. Lotobi, had sought an order for the execution of the judgment and the substitution of several deceased litigants.
Reacting to the decision, Chief of Aboh Ogwashi-Uku, Chief Barrister Jude Obidi, said the ruling reaffirmed that court judgments should be enforced only within the boundaries of the land determined by the court. He added that the broader boundary dispute between Ogwashi-Uku and Ibusa remains before the Delta State High Court in a separate suit.
The Palace of the Obi of Ogwashi-Uku, through the Chief of Staff, Prince Onyema Okonjo, also welcomed the decision. He said the kingdom reserves the right to appeal aspects of the ruling if necessary and urged all parties to respect the disputed territory pending the final determination of the boundary case.
The case was heard by Hon. Justice Flora Ngozi Azinge, who also approved the substitution of the late HRM Obi Prof. Chukwuka Okonjo with the current Obi of Ogwashi-Uku, HRM Obi (Dr.) Ifechukwude Aninshi Okonjo II, represented in the proceedings by Chief Arthur Obi Okafor, SAN.The court further directed that a registered surveyor interpret the litigation survey plan forming part of the earlier proceedings.
