ON AGU NAWFIA LAND, SIR BARR. B.E.I NWOFOR WINS AGAIN IN COURT.

Suit number NN/118/2019 instituted by: Amaechi Aniefuna, Amaechi Okeke, Chinedu Nwoye, Chijioke Chukwuekezie, Onwujekwe Chibuzo, Sunday Ndibe for themselves and on behalf of “Uruoji community” against Sir Barr. B.E.I Nwofor claiming communal ownership of the land along Enugu/Onitsha expressway at Agu Nawfia, was heard at Neni High Court by his lordship Hon. Justice Onyinye Anumonye on Tuesday 15th December 2020, and was found to be frivolous and an abuse of court process and accordingly, dismissed.

The learned Trial Judge ordered the plaintiffs to pay the sum of #500,000 (Five hundred thousand naira) as cost, in favour of the defendant Barr. B.E.I Nwofor to be paid by the plaintiffs. It will be recalled that these persons in the said suit claimed communal ownership of land at Agu Nawfia along the Enugu/Onitsha expressway as belonging to Uruoji village. Unfortunately, they failed to prove their case in court.

Barr. Nwofor was able to show that his own Nwofor family had obtained judgement in their favour since 29th July 2009 in suit number A/65/2007, decided by Hon. Justice M.I Onochie, and that no appeal was filed by Uruoji village against that judgement which is still valid and subsisting.

Barr. Nwofor also established that the same Uruoji people had earlier in suit number A/271/2005 instituted by Alex Ndibe on behalf of Uruoji land owners over the same land against the Anambra State Housing Development Corporation, collected the sum of 5 million naira in full and final settlement of their claims over the land, and they abandoned the prosecution of their matter after collecting the money, then the learned trial Judge His Lordship Hon. Justice Pete Obiora struck out the case for want of prosecution.

Barr. Nwofor also tendered the payment voucher by which the Uruoji Village land owners excluding Nwofor family collected compensation in the sum of #5 million naira as an exhibit. Furthermore, he produced documentary evidence by way of affidavit sworn by Chijioke Nwankwo and filed on 14th July 2008 at the registry of Awka high court stating that he had paid compensation to Uruoji village land owners and that nobody except Nwofor family had any objection.

Barr. Nwofor also submitted that rather than the purported Uruoji village claimants appealing against the judgement in favour of Nwofor family in the Court of Appeal, they turned round to abuse the process of the High Court by filing a frivolous, vexatious and malicious action over the same land in the same High court of Anambra State that had earlier given judgment in favour of Nwofor family.

It was in these circumstances that the learned trial judge agreed with the submissions of Barr. Nwofor and awarded cost of #500,000 (Five hundred thousand naira) against the abusive plaintiffs, and threw out the case from the court to serve as a deterrent to any future attempt to pollute the stream of justice, and scandalize the system of administration of justice in the country.

HE WHO COMES TO EQUITY MUST COME WITH CLEAN HANDS, AND HE WHO SEEKS EQUITY MUST DO EQUITY.

UKPANA OKPOKO GBULU, O KWA NTI CHILI YA!