An Awka High Court presided over by his lordship, Honourable justice lkeogu ordered for the removal of the blockage on the access road linking Ekwulobia street with Bishop Simon Okafor crescent, opposite Ejiagwu Estate,awka.
Apart from erecting a block fence, a Bungalow is also located at the public road, while one of the two plots of Hon ossie ilozue and other buildings in the area were also affected by the erection of the fence by the purported owners of the plot L538A Agu awka G.R.A, Eleeh Amazon Mitchel and Remigius okeke.
The said plot is an access road, acquired illegally, according to the judgement of the court made available to the press as delivered by Honourable Justice ikeogu,suit No A/318/2018.
The court among other things, ordered the removal of the block fence and the payment of three hundred and fifty thousand naira to Honourable ossie ilozue, being general damages for trespass and destruction of his block fence on the re-established boundary.
The court further restrained the illegal occupants from interference or encroachment on the re-established boundary of Hon osita ilozue.
It would be recalled that after the blocking of the access road with perimeter fence, a Bungalow was erected making the road unaccessible for Residents willing to link Bishop Simon Okafor crescent from Ekwulobia street, opposite Ejiagwu Estate.
The purported owners of these illegal structures, Mitchel Amazon Eleeh and Remigius okeke sued Hon ilozue, claiming that the former Oyi Council Chairman cannot step beyond the existing old perimeter fence to start erecting a new fence, despite the fact that the said Hon ilozue is the owner of plots L/537 and L/538 and could no longer make use of one of the plots, due to the blockage.
The court noted that following statement of defence and counter claim filed, Eleeh Mitchel Amazon and Remigius okeke who are plaintiffs in the matter failed, refused or neglected to file a reply to the statement of defence,after the completion of the trial conference, the court went ahead to hear the matter, in his judgement the trial judge stated and I quote “After a careful study of the statement of claim and the statement of defence and counter claim, as well as evidence adduced at the trial, l am of the opinion that the defendant claimant has prove his case, to be entitled to his reliefs”end of quote.
When the Baliffs from the high court came for the enforcement of the court order, they pasted on the wall, the order of the court, before the Bulldozer started pulling down the wall from the Ejiagwu Estate end and the Bishop Simon Okafor crescent section of the Road, the court Baliffs later carted away the gate, but the link road can still not be used, because there is a Bungalow still standing there not touched by the Bulldozer, which is said to be a Rice re-bagging House, owned by one Honourable Nnanna Nzewi, Who said he will address the press on the matter on a later date.
Staff of Awka capital Territory Development Authority, ACTDA, who came to the scene, led by the commander stayed as spectators, since they have failed to discharge their primary responsibility by ensuring that no access road is blocked in the overall interest of the public. when contacted on phone with regards to the re-opening of the blocked road, the ACTDA Boss Mr osita onuko said he is not aware of the court judgement.
In suit No A/MISC357/2018, motion No A/448m/2019 Between Hon ossie ilozue as plantiff/Applicant and Awka capital Territory Development Authority, ACTDA.
Honourable justice chukwudi. C.okaa in his judgement granted an order of mandamus compelling Awka capital Territory Development Authority, ACTDA, to remove the blockage on the access road to plot L/537 lying, being and situated at Agu-awka layout G.R.A. Awka, since it is the statutory duty of ACTDA, to promote, maintain, grant approvals, maintain the layout and access roads in the state.
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