Court Grants Injunction Restraining Enugu from Demolition
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 popular Ogige Market in the Nsukka area of the state.
The Enugu State Government had recently marked portions of the Ogige, Nsukka for demolition, claiming that it intends to build a motor park in its place.
The decision triggered widespread condemnation as traders and other close watchers criticised the state government for allegedly giving the traders only a 72 hour notice to vacate the market.
The court, which was 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 of 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.
In its pronouncement in the suit, No. N/30M/20234, the court 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, privies, 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, which was 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.
Also, the court 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.
