From Lawrence Njoku, Enugu
An Enugu State High Court, sitting in Enugu, has settled the protracted litigation over a parcel of land in Enugu, the state capital, in favour of the estate giant, Hymac Real Limited.
The land, Plot B/23C, Independence Layout, Enugu, measuring over 6,000 square metres, has been a subject of controversy since 2021 following its invasion, leading to litigation.
Hymac Real Limited had sought, among others, a declaration that they were validly granted Plot B/23C, Independence Layout Enugu. It was gathered that the state government had initially granted the title to Rainbownet Limited in 2001 before revoking it on May 17, 2017, subsequently granting it to the claimants.
However, the defendants claimed that the land was allocated to them between 2010 and 2014, during which the Rainbownet title was still subsisting. Counsel to the claimants, Sam Orji, who filed the applications, stated that the defendants had allocated the land to themselves through “the powers that be” at the time without the title of Rainbownet being revoked or a proper subdivision in line with the Town Planning Law of Enugu State being done in respect of that particular plot.
He asked the court to determine whether any of the defendants could obtain or be validly granted a right of occupancy over any portion of Plot B/23C while the interest of Rainbownet was still subsisting between 2001 and 2017 when they all claimed to have got their respective titles between 2010 and 2014.
Orji also urged the court to determine whether any of the defendants obtained or could be granted any right, title or interest in a portion of Plot B/23C without the town planning law being complied with first by subdividing those plots under the law.
“Subdivision is different from partitioning. It is a matter of law. It must come before the commissioner who signs it as subsidiary legislation to the town planning law of Enugu State,” he said.
However, in his verdict, in the suit marked E/658/2021 between Hymac Real Limited, NSE Enugu State branch, NULGE Enugu State branch, Barr. Okey Ezugwu, and an unknown person, Justice C. O. Ajah, declared that Hymac Real Limited was validly granted Plot B/23C, by the state government.
Justice Ajah, who agreed with the claimants in all their submissions, also declared that the defendants, who were claiming subdivisions of that plot, would get nothing because whatever was done in giving the land to them was null and void and of no consequence.
The judge further awarded N5 million in costs as damages in favour of Hymac Real Limited. Speaking after the court session, the Managing Director of Hymac Real Limited, Okey Ayogu, expressed gratitude to the judiciary, describing the courts as truly the last hope of the common man.
He also attributed his victory to Governor Peter Mbah’s administration’s commitment to ensuring that Enugu remains an investment haven.
