Court Restrains Edo Govt From Disputed Land

An Edo State High Court in Benin City has restrained the claimants and defendants in suit No. B/672/2023 from trespassing on land measuring approximately 200.309 hectares, as marked and delineated in survey plan No. SEA/ED/97, situated in Obagie-Nevbuosa, Ikpoba Okha local government area of Edo State.

The court order is in sequence to the hearing and determination of a substantive suit filed by Mayer Uyiekpen Ologbosere and Porticall International Farm Ltd.

The defendants include the governor of Edo State, the attorney-general and commissioner for justice of Edo State, and the commissioner for physical planning and urban development of Edo State.

The decision of the court presided over by Justice A. N. Erhabor followed a motion on notice brought under Order 40 (1)(2)(3) and (4) of the Edo State High Court (Civil Procedure) Rules 2018 and under the inherent jurisdiction of the court.

The claimants/applicants had prayed the court for an order of interlocutory injunction to restrain the defendants/respondents, their servants, agents, or any person acting on their behalf or instruction from further trespassing on the claimants’ farm complex where Coral City is about to be sited in Benin city.
Additionally, the claimants/applicants sought any other orders the court may deem fit in the circumstances of the case.

Mayer Uyiekpen Ologbosere and Porticall International Farm Limited had approached a Benin High Court following the sudden taken over of the large expanse of their farmland with a certificate of occupancy number EDSR 14764 by the Edo State government.

The claimants/applicants filed a 28-paragraph affidavit, with exhibits and a written address attached, while the defendants/respondents filed a seven-paragraph counter affidavit and a written address attached.
Consequently, the court stated that the affidavits from both parties are highly contentious, even combative, adding that restraining one side in the matter may send a wrong signal that the matter has been decided against the party so restrained.

The court, however, restrained both parties in the suit, their agents, servants and anyone acting on their authority and promised to give the matter an accelerated hearing for peace and order.