Over twenty years land dispute between two
villages in Oba Community, Idemili South Local villages in Oba Community, Idemili South Local
Government Area Anambra State, took a
drastic turn with the destruction of over fifty
residential buildings and seventy fences,
belonging to the people of Ezelle Mbana, Oba village.
The land dispute between Ezelle Mbana village
and Umuezegbute family, all of Oba, took the
dangerous dimension with the destructions of
the residential buildings and fences, belonging
to Ezelle Mbana people, following two court
victories awarded by both Ogbaru High Court
and the Court of Appeal Awka, Anambra State
to Umuezegbute family.
According to a lawyer to Ezelle Mbana Village
and their Isu Village landlord, Chief John Nso,
“properties worth several millions of naira
were destroyed in those dwelling houses,
defenceless people wounded and lives
maimed.”
In a petition to the Anambra State
Commissioner of Police, on behalf of his
clients from Ezelle village, Chief Nso, said “The
horrendous wickedness, brigandage and
wanton destruction of lives and properties
were committed in the process of a purported
execution of the judgement of a High Court in
Anambra State, won by Umuezegbute family
over a land dispute against Isu Village Oba
and Ezelle Mbana Village, also of Oba, even
when two Appeals are pending against the
judgement.”
“They are planning to continue the destruction
until the whole town is cleared or wiped out.
Even at that in executing judgement for
possession of the land, a reasonable force is
only required in taking possession from the
judgement debtors and not destroying and
pulling down dwelling houses, maiming and
wounding defenceless citizens.”
However, lawyer to Umuezegbute family Oba,
Mr Gerald Ezeuko, SAN, said that “Ezelle
Village goofed when they went to Appeal
Court to appeal against the judgement of the
High Court which awarded victory in the land
dispute to his clients, instead of settling with
them by paying the arrears of the Customary
tribute the High Court directed them to pay
within thirty days.
“Again the new generation of the youths in
Ezelle Village, started the trouble, by selling the
farmland given to them by Umuezegbute
Family when they have not been paying their
landlords the required approved royalty,
(Customer tributes)
“In the Judgement Order of Hon Justice Ike
Ogu, on,28th day of February 2019, in the Suit
No. HID/92/1999 said that Umuezegbute
family of Isu village Oba are the owners of the
entire parcel of land known as and called
Isiakabo land and Udugwu lands situate at Isu
village Oba.
“The Plaintiff, Ezelle village Oba, are hereby
directed to pay all arrears of their Customary
tributes to Umuezegbute family within thirty
days, failing which the Plaintiff, the Ezelle
village are deemed to have forfeited for
misconduct all rights of residence and/or
interest in the part of Isiakabo land granted to
them by the 1st and 2nd Defendants,
Umuezegbute family.
“Interestingly, the Court also granted
Umuezegbute family possession of the said
part of Isiakabo land and awarded a cost of
N50,000 against Ezelle village, and made an
order of perpetual injunction restraining Ezelle
village from tampering with the land.
“Ezelle village went to appeal and when we
waited for them to pursue their appeal, they
did not because they knew their appeal lacks
merit, so we filed a motion to dismiss their
appeal and the Court of Appeal in the Appeal
No. CA/AW/626M/2019 on Wednesday 18th
day of March, 2020, rightly dismissed their
appeal, so once their appeal has been
dismissed, there is nothing for the court to do
again, so Umuezegbute now had to go in and
take their land, that is the position.
“So they Ezelle Mbana people should not be
deceiving the public by telling lies about what
transpired. If their appeal has been dismissed,
the proper procedure is it to just file another
notice of appeal like they did, on the same
dismissed appeal, once an appeal is
dismissed, it is gone.
“He who owns the land owns everything in the
land and since Umuezegbute has been
declared in the High and Appeal Courts as
owners of the land, whatever they do with it
and what is contained in it, is their business.
The court gave them power of ownership and
possession and they executed it.”
