An Onitsha-based businessman, Ezeakabekwe Chinekwu Chikwere, has dragged Deputy Superintendent of Police (DSP) Princess Nkirika Nwode and Mrs Perpetual Nwagbo to the High Court of Anambra State, Onitsha Judicial Division seeking N100 million damages for “trespass, inclusive of the cost of litigation of the substantive suit.”
The 2nd defendant, DSP Nwode, in the suit, is alleged to be “the fore-runner and champion of the 1st defendant at encouraging her to unlawfully trespass unto the plaintiff’s property as aforesaid using her position as a senior Police officer to cause confusion and intimidate the plaintiff including arrest, detention and arraignment of the plaintiff for frivolous offences as contained in charge no OM/332C/2020: Commissioner of Police vs Moneme Obed Kwentoh and others.”
The defendants, Mrs Nwagbo, a widow of late Mr Clement Nwagbo of Obodo-ukwu, Ideato Local Government Area (LGA) of Imo State but currently residing at Umughai Umunachi Isiala-Mbano, Imo State and DSP Nwode, former Police Public Relations Officer (PPRO) at Police Zonal Command (Zone 13), Dunukofia, Anambra State.
The property in dispute is located at Plot 288 Trans Nkissi Phase 1 Layout Onitsha, Onitsha Local Government Area (LGA), Anambra State.
The plaintiff averred that “the 2nd and 1st Defendant have been trespassing unto the aforesaid property, entering same and taking prospective buyers to the said property all in the design to compulsorily and forcefully acquire same and sell it off. That the defendants recently went unto the plaintiff’s property as aforesaid and cleared same, placing molded blocks thereon.”
The suit with number 0/312/2020, alleged that the 1st defendant, DSP Nwode, “at the prompting and instigation of the 2″ defendant wrote a petition against the plaintiff at the (S.I.B) section/department of the Nigeria Police Force, Anambra State Command. Headquarters, Amawbia. That the plaintiff was arrested, detained and arraigned at the Onitsha magistrate court for offences he has not committed, all in the bid to dispossess him of his God given property.”
The plaintiff is seeking “an order of perpetual injunction restraining the defendants their agent(s), servant(s), privies and
workmen from the Trespass, further Trespass and unlawfully dispossessing the plaintiff of his aforesaid exclusive possessory and legal right(s) over the aforesaid property.
Other reliefs being sought against Mrs Nwagbo and DSP Nwode include:
“That the plaintiff is presently in firm and physical control over the afore stated property notwithstanding the damages caused thereon in an attempt to wrest control of same from the plaintiff by the defendants,
“That the efforts by the defendants to take physical possession – of the land is currently frustrating the plaintiffs intention to fully develop and complete the structure on the land and has brought great economic loss and untold hardship to the plaintiff.
“That plaintiff aver that the land and property in dispute is well known to the parties in this suit.
“That the Honorable court is urged to enter judgment for the plaintiff as per his reliefs afore stated.”
The particulars of the case shows that in 2015, the younger brother of late Mr Clement Nwagbo, Mr Chukwuka Nwagbo, through a Deed of Assignment and Irrevocable Power of Attorney transferred interest in the property located at Plot 288 Trans Nkissi Phase 1 Layout Onitsha, Onitsha LGA to one Mr Okechukwu Okonkwo
“That thereafter sometime in (2016) the aforesaid property was further sold off by Mr Okechukwu Okonkwo to one Mr Uche Isreal Okoli and evidenced in documents of land transaction namely Deed of Assignment and Irrevocable Power of Attorney prepared by S.0 -Moghalu (Esq) of No.88b Upper New Market Road, Onitsha-Anambra State. The aforesaid deed of Assignment is lost and not traceable till date while the aforesaid Irrevocable Power of Attorney is hereby pleaded and shall be relied upon at the hearing of the suit.
“That furthermore sometime in the same (2016), yet still the aforesaid property was further sold off by Mr Uche Isreal to one Mr Jerryson Chinedu Ezenwa and evidenced in document of land transaction named Deed of Assignment prepared by Alexander Ifeanyi Agbogu (Esq) of No 58 Awka Road,Onitsha-Anambra State. The aforesaid Deed of Assignment is hereby pleaded and shall be relied upon at the hearing of the suit.
“That the said Mr Jerryson Chinedu Ezenwa sometime thereafter in the year (2016) sold off the aforesaid property to the plaintiff herein -Mr Ezeakabekwe Chikwere Obiora. Chinekwu as evidenced in Deed of Assignment and Irrevocable Power of Attorney prepared by one Muogbo Hilary (Esq) of No 2 Falcon Club Road, by D.L.A junction, Asaba. The aforesaid deed of Assignment and Irrevocable power of Attorney is hereby pleaded and shall be relied upon at the hearing of the suit.
“That all the aforesaid sales took place within a period of five years,(2015) – till date (i.e) – (2020).That while the aforesaid sales took place within. The aforesaid period and possession by successive purchasers took place, the defendant – Mrs Perpetual Nwagbo never showed. up at the aforesaid property, never took any step to assert her interest in the aforesaid property neither did she institute any legal action to persuade any court of competent jurisdiction to declare her right(s) over and in respect of the aforesaid property.
“That after the plaintiff purchased the land sometime in (2016) from Mr Jerryson Chinedu Ezenwa, he immediately took possession of same and erected perimeter wall fence round the said property – and immediately erected a one-storey building that has been constructed up to roof stage, the pictures and photographs showing the aforesaid is hereby pleaded and shall be relied upon at the hearing of the suit. That while the plaintiff was making all these developments, the defendant stood by and never took any step to halt the plaintiff’s action nor challenge same in a court of law but rather chose to stand still for the plaintiff to complete development of same for her to show up and reap the benefit of the plaintiff’s sweat and effort and developing the said property.
“That the defendants claim in respect of her acts of standing by as afore stated have been defeated by the doctrine of laches and Acquiescence.
“That.the defendant who abandoned her husband – the late Mr Clement Nwagbo who later passed on upon sick bed and her only daughter in the said marriage Miss Ngozi Nwagbo was indeed aware of the sale of the property and consented to same as aforesaid and purchase of same by several persons from the period of five years, (2015)-till date (i.e)(2020) and the structural development by some of the afore mentioned persons particularly the plaintiff but did nothing within the said period to assert her right thereof(If any).
“That apart from the documents of tide evidencing the purchase of the aforesaid property which the plaintiff has in proof of his ownership of the said land, the plaintiff has been in long possession and have done several acts of ownership including clearing, weeding, earth work in the aforesaid property extending over a sufficient length of time numerous and positive enough as to warrant the inference that the plaintiff exercising such acts is the true owner of the property.
• .
“That the 2nd defendant the fore-runner and champion of the 1st defendant at encouraging her to unlawfully trespass unto the plaintiff’s property as aforesaid using her position as a senior police , officer to cause confusion and intimidate the plaintiff including arrest, detention and arraignment of the plaintiff for frivolous offences as contained in charge no OM/332C/2020;BETWEEN; Commissioner of Police vs Moneme Obed Kwentoh and others, the aforesaid charge sheet is hereby pleaded and shall be relied upon at the hearing of the suit.
“That the 2nd and 1st Defendant have been trespassing unto the aforesaid property, entering same and taking prospective buyers to the said property all in the design to compulsorily and forcefully acquire same and sell it off. That the defendants recently went unto the plaintiff’s property as aforesaid and cleared same, placing molded blocks thereon.
“That the plaintiff had long since as aforesaid been in actual possession of the aforesaid property until sometime this year when the defendants started laying claim to same, that the 1st defendant at the prompting and instigation of the 2″ defendant wrote a petition against the plaintiff at the (S.I.B) section/department of the Nigeria Police Force, Anambra State Command. Headquarters, Amawbia. That the plaintiff was arrested, detained and arraigned at the Onitsha magistrate court for offences he has not committed, all in the bid to dispossess him of his God given property.
“That the plaintiff is an innocent purchaser for value in good faith without notice of all that property situate at plot No 288,Trans Nkissi Layout, Phase 1, Onitsha in Onitsha North local Government Area of Anambra State measuring 3574.500 square meters.
“That the 1st defendant particularly the 2nd defendant has been using her position as a senior police officer to cause confusion ,abusing her position thereof and recklessly instigating the 1st defendant to wantonly arrest several persons who innocently purchased the aforesaid property including one lsreal Uche Okoli and others.
“That the Plaintiff is the bona-fide owner, innocent purchaser, for value without notice of all that piece or parcel of land Measuring 3574,500 square meters situate at Plot no.288 Trans-Nkissi Layout Phase 1, Onitsha in Onitsha North local Government Area-Anambra State.
“That the plaintiff haven validly and innocently, purchased the property measuring 3574.500 square meters situate at plot No2K3Trans Nkissi Layout Phase 1, Onitsha, Onitsha North Local Government Area-Anambra State for the value thereof without notice via a Deed of
Assignment between Mr Jerryson Chinedu Ezenwa and Mr Ezeakabekwe Chikwere Obiora Chinekwu is entitled to the grant of Statutory right_of occupancy in respect of the aforesaid property.
“That the plaintiff haven erected a perimeter fence with iron gate thereof and an uncompleted one storey building nearing roofing stage upon the property measuring 3574.500 square meters situate at plot No.288 Trans-Nkissi Layout Phase 1 Onitsha in Onitsha North Local Government Area – Anambra State is in actual possession of the said property.
“That the 1st defendants haven been aware of ‘the sale and erection of structures thereupon the property measuring 3574,500 square meters situate at Plot No. 288 Trans-Nkissi Layout Phase 1, 0nitsha in Onitsha North Local Government Area of Anambra State in (2015) and haven consented and benefitted from proceeds of sale thereof and the further attestation of the said Document of sale by the defendant’s only daughter Miss Ngozi Nwagbo is estopped by conduct in challenging plaintiffs title and possession thereof to the aforesaid property presently in the year (2020).
“That the 1st defendant haven been aware of the sale and erection of structures on the property measuring 3574.500 square meters situate at plot No288 Trans-Nkissi Layout Phase 1.Onitsha -Onitsha North local Government Area of Anambra State in (2015) haven consented and benefitted from the proceeds of sales thereof and the attestation of the said document of sale by the 1st defendant’s only daughter Miss Ngozi Nwagbo, that sequel to the afore stated, the 1st defendant’s claim over the aforesaid property have been defeated and extinguished by the doctrine of laches and acquiesence.
“That the compulsory acquisition of plaintiffs right over all that parcel of land or property measuring 3574.500 square meters situate at plot No.288 Trans-Nkissi Layout. Phase 1 0nitsha in Onitsha North local Government Area-Anambra State by the first defendant, her agent(s), privies, servants and/or workmen without giving the plaintiff fair hearing in any court of competent jurisdiction is unconstitutional, null and void.
“That the aforesaid compulsory acquisition, take over and/or wrestle over physical possession and legal right of the plaintiff over the aforesaid property by the 1st defendant, her agents, privies, servants and/or workmen amounts to Tresspass.
“That the plaintiff is entitled to N100,000,000.00 (One hundred million Naira) being damages for Trespass, inclusive of the cost of litigation of the substantive suit.
“The plaintiff is entitled to AN ORDER of perpetual injunction restraining the defendants their agent(s), servant(s), privies and
workmen from the Trespass, further Trespass and unlawfully dispossessing the plaintiff of his aforesaid exclusive possessory and legal right(s) over the aforesaid property.
“That the plaintiff is presently in firm and physical control over the afore stated property notwithstanding the damages caused thereon in an attempt to wrest control of same from the plaintiff by the defendants,
“That the efforts by the defendants to take physical possession – of the land is currently frustrating the plaintiff’s intention to fully develop and complete the structure on the land and has brought great economic loss and untold hardship to the plaintiff.
“That plaintiff aver that the land and property in dispute is well known to the parties in this suit.
“That the Honorable court is urged to enter judgment for the plaintiff as per his reliefs afore stated.”
