Anyanwu Vs Polo Club: Court Grants Interim Injunction

A High Court sitting in Port Harcourt Monday, granted an interim injunction restraining the Registered Trustees of Port Harcourt Polo Club and its President, Mr Ibifiri A. C. Bob-Manuel from trespassing into a plot of land situated at 283A Diobu, GRA Phase II, Port Harcourt, Rivers State pending the determination of the substantive suit before the court.

Also restrained are the secretary of Port Harcourt Polo Club, Mr Ukagha Igwe, the Attorney General, Rivers State, Land and Housing Bureau, in a suit Number PHC/2169/2012.

The order is in response to the motion brought by the claimant, Mr Nnadi Anyanwu through his counsel, Barrister Okey Owhonda asking the court to restrain the defendants, their agents, cronies, proxies, privies, cohorts, third parties, assigns and whatever reason, in whatsoever name called from trespassing.

Further tampering, meddling, building, construction, dealing or generally interfering with and laying claim of ownership on the piece or parcel of land situate at Plot 283A, Diobu, Port Harcourt GRA, Phase II pending the determination of the matter before the court.

However, the defense counsel, Barrister Dolapo Tela Atomi had through his reponse to the application brought by the claimant’s counsel urged the court to dismiss the motion on the ground that it lacked sufficient reasons, stressing that the application failed to state the size of the land as to determine the level of encroachment by the offenders.

He also raised a preliminary objection asking the court to set aside has earlier order on the matter and accused the court of being biased, as well as raised the issue of lack of confidence in the court, asking the judge to disqualify himself from hearing the matter and alleged fraud in the court processes.

Making the order, the trial judge, Justice Emmanuel Ogbuji said he had painstakingly listened to the submission made by the both counsel on the issues before the court whether the court had the jurisdiction to make such order, whether there was any bias, fraud in court processes as alleged by the defense counsel.

Justice Ogbuji said that the issue of interim injunction was not a ruling on the substantive issues before the court but it was a thing that bordered on the individual right, as well as determine whether there is a serious issue to be tried.

According to him, the claimant is entitled to granting his application adding that the court has been satisfied that there is serious question to be tried in the matter.

The judge while granting the order said the claimant would enter an agreement to pay damages to the defenders, if the application turned out to be frivolous.

He also dismissed the allegation of fraud in court processes, bias and lack of confidence as alleged by the defense counsel, describing such as a reckless affront to the law.

Justice Ogbuji while adjourning the case to 11th April, 2013, for pre-trial, advised counsels to desist from making careless comment on the judges but should be factual in their presentation noting that the issue of fraud and bias against a judge or magistrate was a sensitive one that should not be handled with levity if proven.

Earlier in an interview, the defense counsel Barr Dolapo Tela Atomi rejected the ruling of the High Court but said they would appeal the ruling within three days in the Appeal Court.

Barinadaa Nburadum