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Thursday, December 18, 2014

Anglican Church wins land dispute suit against Edo monarch

A High Court sitting in Uromi Edo state has delivered judgment in favour of the Anglican Church in a land dispute case between the church and the traditional ruler of Uromi, HRH Zaiki Anslem Aidenojie.

The judgment delivered by Justice A. Oyakhilome held that the Church was 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 monarch (defendant) in 1930.

In addition, the court granted the church’s claim of injunction and awarded damages of N1 million and legal cost of N15, 000 against the defendant.

Justice Oyakhilome said the defendant could not provide the court with credible evidence of ownership as he said his claims were ‘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.

He also held that the non challenge of the church’s occupation of the land for 83 years was at variance with “common sense,” adding that there were evidence that claimant was in total possession of the land before the defendant’s invasion on January 2, 2014.

The Diocese of Esan, Anglican Communion had through it counsel, Gabriel Giwa-Amu in 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 and agents from entering and/or in anyway trespassing and interfering with the claimant’s entire land in dispute till the determination of the case.

The Church had also alleged that the traditional ruler without its permission, had on January 2, 2014, brought in tractors and commenced building of commercial stores on the said land and demanded the sum of N5 million as damages.

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