From Aloysius Attah, Onitsha
Justice Sylvester Odili of High Court No. 4, Onitsha Judicial Division, Anambra State, has granted a motion for an interlocutory injunction restraining the Ekwerekwu family of Okposieke kindred, Ogbolieke village, Onitsha, from further encroaching on and demolishing structures within the premises of Onitsha Sports Club.
The trustees and executive members of Onitsha Sports Club had filed the motion seeking to stop the Ekwerekwu family from further encroachment and destruction of existing structures on the club’s premises.
While the motion was pending, the applicants filed another motion asking the court to mandate the respondents to restore all the structures and properties they damaged during previous invasions. The family had allegedly used caterpillars to demolish structures on the club’s premises in an attempt to reclaim the land.
The Ekwerekwu family claimed that the land in question belonged to their family and was leased to colonial masters by their forefathers for 99 years, a lease they argued had since expired. They maintained their right to reclaim the land as its original owners. However, the plaintiffs denied the claim, contending that neither the Ekwerekwu family nor their forefathers leased the land to the sports club.
In his ruling, Justice Odili granted the motion for an interlocutory injunction, restraining the family from further encroachment and demolition until the substantive suit is determined. However, he declined to grant the mandatory motion, stating it would be addressed in the substantive suit.
The court scheduled an accelerated hearing for the substantive suit on January 31, February 5, 7, 12, 19, and March 5, 2025.
The applicants, comprising the Incorporated Trustees of Onitsha Sports Club, Chief Daniel Okafor (President), Chief Tobechi Ejezie (Past President), and Chief Pius Nweke (Trustee), filed the motion against Harold Ekwerekwu, Valentine Ekwerekwu, Nonso Ekwerekwu, Obi Ekwerekwu, Igweze Ekwerekwu, and Benjamin Ekwerekwu.
The applicants claimed that the damages caused by the family during the demolition exercises in 2024 amounted to an estimated N1.05 billion out of a total property value of N3 billion.
The plaintiffs sought an injunction to restrain the defendants, their agents, servants, and privies, from interfering with the club’s possession and use of the disputed land, located at Egerton Road, GRA, Onitsha, until the suit is resolved.
The plaintiffs also provided evidence, including a survey plan and a certificate of occupancy granted by the Governor of Anambra State on 20 October 1997, to assert their ownership of the land.
In an affidavit, Chief Dan Okafor, President of the sports club, expressed concern that the defendants would continue to destroy the remaining structures if the injunction was not granted. He highlighted the importance of Onitsha Sports Club as an iconic centre for sports and relaxation, where senior citizens gather to alleviate anxiety, engage in sports, and unwind.
The plaintiffs undertook to pay damages as prescribed by the court if their application turned out to be frivolous.