The case came up for mention on Tuesday before Justice Veronica Ajogwu and was adjourned to allow parties regularise their court processes after the defendants filed their statement of defence alongside a motion seeking extension of time.
Speaking after the proceedings, counsel for the defendants, Benjamin Nwobodo, said the matter was only mentioned and a new date fixed for continuation of proceedings.
“The first defendant has filed his defence. So today was for mention and the court has adjourned it to June 3 for us to regularise our processes,” he said.
Nwobodo argued that ownership of the disputed land had already been settled by the court in 2013.
According to him, the original suit was instituted in 2001 by one Alinta against members of the Ezza community over ownership of the land.
He explained that after Alinta’s death, his children substituted him in the matter and judgment was eventually delivered in 2013 in favour of Alinta.
“The judgment was that Alinta was the owner of the property. Before Alinta died, he transferred his interest to Prof. Barth Nnaji, who is now the owner of the land,” he said.
He further maintained that the demolition carried out on the land was part of the lawful execution of a subsisting court judgment and not done personally by Nnaji.
“If judgment is given to me over a property, it is my right to take possession or demolish structures there. It was demolished by the court and nothing else. Prof. Barth Nnaji has nothing to do with any allegations,” he added.
Counsel for the plaintiffs, Peter Igwe, confirmed that the defendants served their statement of defence and motion shortly before the court sitting.
“Today they served us with their statement of defence with motion for extension of time within which to regularise their processes. We were just served this morning when court was about to sit.
“We informed the court that because we were just served, we needed time to study the processes and respond appropriately. So there was no substantial business today,” he said.
The plaintiffs, who are 25 members of the Nkomoro Onuogba Community, are seeking compensation over the alleged demolition of properties said to be worth billions of naira.
According to court documents, they are demanding compensation for 11 two-storey buildings, six three-storey buildings, 93 duplexes and 170 bungalows allegedly demolished.
They are also seeking N7 billion as compensation for seven persons allegedly killed during the dispute, as well as N3.4 billion for the alleged looting of personal belongings, including motorcycles, televisions, mattresses, sewing machines, cooking utensils and air conditioners.
The plaintiffs are further asking the court to declare them rightful owners of the disputed ancestral land and grant a perpetual injunction restraining the defendants from further interference with the property.
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