Okonta Emeka Okelum, Asaba, Delta State
The lingering land dispute between the Roman Catholic Church, Issele-Uku Catholic Diocese and Umuagu Quarters in Asaba, Oshimili South LGA of Delta State, took a dramatic legal twist today.
Umuagu community elders, youths and women leaders had recently staged a peaceful city-wide protest after series of letters written to the church’s diocesan leadership fell on deaf ears.
In a bid to demonstrate their commitment to sustain democratic civilization and that of peace lovers, the community pursed legal actions against the church at an Asaba High Court.
The community sought legal redress over serial breaches suffer at the hand of the church over the terms of a 1946 land leased agreement entered into by both parties.
Hon. Justice T Diai presided over the hearing today at Asaba High Court 2, with F.T. Eruli-Ede and Obi Eregbuonye, standing in for Umuagu community, while Miss B. Ufoma was the Catholic church’s counsel.
Improper court case filling procedures and other related issues stalled the proper hearing of today’s court hearing.
The community’s counsel, F.T. Eruli-Ede smartly seized the moment’s gaps to swiftly sought for the court’s permission to attend to their application to institute an injunction restraining the catholic church from further construction works on the disputed landed property.
Smart moves and antics employed by Miss B. Ufoma, with a view to divert the courts attention from the applicant’s plea for a restraining order failed, when she lost her defense and response to the trial judge’s queries.
Hon. Justice Diai’s query to the defendant’s counsel about her knowledge of what type of construction works were on going at the disputed property, left the learned fellow dashing from pillar to post with zero prepared grasp for defense.
The trial judge angered by what she later chided her as gross legal unpreparedness and unserious commitment to legal matters brought before her court, cautioned the defense counsel on the need to always prepare well and constructively examine her opponents positions before future court appearances to avoid needles court-room and public embarrassments.
The court further ruled that considering the motion of notice filled before it, stressed that the catholic church is hereby restrained from caring out further construction works at the disputed landed property, pending further hearing and determination of all substantive issues filled before the court.
Further hearing on the legal tussle has being adjourned to December 8, 2015 at same court.
Obi Odiaka Anyanwu in a post court hearing media chat with Asaba Post News-Wire maintained that today justice had taken its place and expressed his gratitude to Umuagu youth, who he pointed out obeyed their elder’s caution to be and remain civil before now till the legal actions are exhausted.
Hon. Uche Nwokobia expressed his dismay over the church’s poor response to the case, which prompted the legal actions the community embarked upon.
Of a truth, the church’s near zero compliance with the terms of agreement entered into with the community in the 1946 land lease terms of agreement is highly worrisome.
Come to think of the fact that the very purposes for which the agreement was entered into has today being completely jettisoned, wherein the initial educational purposes without further communication with the owners of the land was overnight turned into profit making purposes, its really a bad development, Hon. Nwokobia said.
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