… as Court strikes out the land dispute case
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BY SUZY CHUKWUECHEDOM / ONITSHA
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A Court of Appeal sitting in Awka, the Anambra State capital has struck out and dismissed an appeal filed by authorities of Tansian University, Umunya, Anambra state, against Ranent Industries Limited and Chief Romanus A. Ezeonwuka for lack of compétence.
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The case was Presided by three justices of the Appellate Court which includes, Obietonbara O. Daniel-Kalio, Isa Nature Gafai and Asma’u Musa Mainoma.
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Justice Asma’u Musa Mainoma who delivered the lead judgement, noted that effect of all the resolutions is that the appeal fails and is hereby dismissed.
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Justice Obietombara O. Daniel-Kalio, in his own brief judgement, simply read as follows: “I have read the judgement of my Lord, Asma’u Musa Mainoma, JCA and I agree with my Lord’s reason for upholding the preliminary objection of the Respondent and dismissing the appeal”.
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However, Justice I. B. Gafai, in his own view, said: “Much as I hesitated to, I found myself unable to agree with the conclusion in the lead judgement that the appeal be dismissed on the merit. Instead, it is my humble view that the Appeal be and is accordingly struck out by me”.
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On the judgement day, Dr. Edwin Obiorah, SAN, a Catholic priest with J..A Obiajulu Esq. appeared for the appellant, while A.O. Nwankwo with M.N. Chikezie Esq. appeared for the respondents.
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In the lead judgement, the appellate court said in its view, the appeal brought to it is not only lacking in merit but a mere ploy to deny the respondent an access to reap the fruits of his labour for donating his landed property to the appellant for use as it’s take-off campus which prompted the National Universities Commission, NUC to approve a provisional license for the establishment of Tansian university.
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The Anambra state High court sitting at Ogidi in Idemili Judicial Division, presided over by Justice Onochie Anyachebelu, the incumbent Chief Judge of the state had in 2010, delivered a consent judgement mandating the founder of Tansian University, Monsignor John Bosco Akam (now late) to be paying N10 million annually to Ezeonwuka, the donor of university’s take-off campus at Umuogali village, Oba in Idemili South Local Government Area of the state as honorarium for donating the premises of his morribund Company, Ranent Industries Company Limited to the late Monsignor Akam for use as a take-off campus for the establishment of the University.
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The consent judgement came shortly after both parties reached an agreement that Ezeonwuka should stop laying claims to be a co-owner of the University and settle for a reward of N10 million annual honorarium for donating the premises of the morribund Ranent Industries Company Limited to Monsignor Akam, now late for the establishment of the Tansian University as it’s take-off campus at Umuogali village Oba.
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Based on the consent judgement, the late Monsignor Akam paid the agreed annual honorarium of N10 million to Ezeonwuka from 2010 to 2018 and suspended further payments, citing paucity of funds as reason for the suspension.
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The aggrieved, Ezeonwuka in 2019, headed back to the Ogidi High court then presided over by Justice Arinze Akabua and filed a motion asking the court to grant him an order to levy an execution which involved selling all moveable and immoveable properties of the University for the purpose of recovering the arrears of debt owed him for the number of years the payment of the honorarium was suspended and the court granted the motion.
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Not satisfied with the motion so granted by the lower court, the appellant, Tansian University approached the appellate court seeking it to upturn both the consent judgement and the Motion for execution which all went in favour of the respondents who were the plaintiffs in the suit and the motion.
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The Appellant contended that the lower court has no power to assume jurisdiction in the substantive suit, as well as the motion for execution.
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Appellant’s brief of arguments in the Appeal No
CA/AW/67/2019, according to it’s legal counsel, Dr. Edwin Obiorah, SAN, a Catholic Priest are basically all questioning the jurisdiction of the lower court to entertain both the main suit (HID/89)2008 and at the same time refused to grant the appellant’s preliminary objection, as well as the respondent’s application for execution of judgement in Motion No. HID/864m)2018 which the lower court granted on 11/2/2018.
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Anthony Nwankwo Esq, lead counsel to the respondent who expressed gratitude to the appellate court for it’s erudite judgement, told newsmen shortly after the judgement that his client, Ezeonwuka has lost so much in the hands of the appellant since he donated the land to the late Monsignor Akam, founder of Tansian university for use as a take-off campus for the establishment of the University.
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Nwankwo recalled that it is regrettable that instead of giving the same portion of land for N93 million as lease to a construction giant, Consolidated Construction Company, CCC that handled the dualization of Onitsha/Owerri dual carriageway within the same period Monsignor Akam approached him with the same request, Ezeonwuka opted to donate it to the Tansian university as his equity, with only a condition to provide a paltry sum of N14.5 million to offset balance of N30 million a bank loan the land was mortgaged to secure, as a result of his passion for education.
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