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An Enugu State High Court has granted an ex parte order, restraining the Enugu State Government and its agents from demolishing the properties belonging to Ifesinachi Transport Limited locate at the Ogige Market, Nsukka.
The court, presided over by Hon. Justice H.U. Ezugwu granted the order in a suit instituted by Ifesinachi Transport Company Nigeria Limited and Ifeanyi Mama, representing the family if the late Igwe Ogbonna Mama and which has as respondents The Attorney General of Enugu State, Nsukka Central Town Planning Authority, and the Commissioner, Enugu State Ministry of Transport.
The Court, in its pronouncement in the suit, NO. N/30M/2024, granted the order of Interim injunction restraining from interfering with the properties mentioned in the suite until the Motion on Notice on the matter had been heard
The Order restrains the “defendants, by themselves, their servants, agents, prives, anybody acting or purporting to act on their behalf, from entering, demolishing or interfering with the plaintiffs properties known as No SIA Enugu Road, Nsukka, Enugu State Plots 5IB & 5IC Enugu Road, Nsukka, Enugu State also known as Ifesinachi Transport Company park, Nsukka pending the hearing and determination of the motion on Notice.”
The, Order, brought pursuant to Order 3 Rule 4 (A-F) & Order 7 Rule 5 of the High Court Rules of Enugu State 2020 was supported by a 24 paragraphs affidavit sworn to by Chidubem Akubue Izundu, counsel to the plaintiffs dated and filed at High Court Registry Nsukka on the 23rd day of May, 2024.
The Court also granted an order for substituted service to stating that “all processes in this suit be served on the second and third respondents by registered post sent to the Nsukka Central Town Planning Authority Nsukka Local Government Council Headquarters, Nsukka, Enugu State and Enugu State Ministry of Transport, Independence Layout, Enugu State respectively, until the second and third Respondents furnish the Applicant and the Court with a specific person and addresses to whom and where the second and third Respondents processes in this suit may be delivered; and for said substituted service to be deemed good and proper.”
The matter has further adjourned to 9th day of July 2024 for report of service.
It will be recalled that the Enugu State Government recently marked portions of the Ogige, Nsukka for demolition, claiming that it intends to build a motor park in its place.
This decision triggered widespread condemnation as traders and other close watchers criticizing the Enugu State Government for allegedly giving the traders only a 72 hour notice to vacate the market.
The action, brought by Ifesinachi Transport Limited, which has one of its offices in the area marked for demolition is the second action to be brought against the Enugu State Government in Nsukka alone.
A few days ago, a nongovernmental organisation known as Law Hub Development and Advocacy Centre, had also instituted an action seeking to compel the government to stop the demolitions.
