A Benin High Court has restrained the Edo State government and others from trespassing on land measuring approximately 200 by 309 hectares, as marked and delineated in the survey plan Number situated in Obagie-Nevbuosa, Ikpoba Okha Local Government Area, Edo State pending the hearing and determination of a substantive suit filed by Mayer Uyiekpen Ologbosere and Porticall International Farm Ltd.
The defendants Governor of Edo State, Edo State Attorney General and Commissioner for Justice, and the Commissioner for Physical Planning and Urban Development
The decision of the court presided over by Justice A. N. Erhabor followed a motion on notice brought pursuant to relevant provisions of the Edo State High Court (Civil Procedure) Rules 2018 and under the inherent jurisdiction of the court.
The applicants had prayed the court for an order of interlocutory injunction to restrain the defendants, namely Edo state Governor, Edo state Attorney General and Commissioner For Justice and Edo state Commissioner For Physical Planning/Urban Development, their servants, agents, or any person acting on their behalf or instruction, from further trespassing on the claimants’ farm complex where Coral City is about to be sited in Benin city.
The applicants sought any other orders the court may deem fit in the circumstances of the case.
Mayer Uyiekpen Ologbosere and Porticall International Farm Limited had approached a Benin High Court following the sudden taken over of the large expanse of their farm land with a certificate of occupancy number EDSR 14764 by Edo State government.
The claimants/applicants had filed a 28 paragraph affidavit, Exhibits and a written address attached while the Defendants/Respondents filed a seven paragraph counter affidavit and a written address attached.
Consequently, the court stated that the affidavits from both parties are highly contentious, even combative and added that restraining one side in the matter may send a wrong signal that the matter has been decided against the party so restrained.
The court however restrained both parties in the suit, their agents, servants and anyone acting on their authority and promised to give the matter an accelerated hearing for peace and order.
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