News
Ogbogoro Crisis: Court Dismisses Stay Of Execution On Judgement

A Port Harcourt High Court in Rivers State presided over by Justice Adolphus Enebeli has dismissed a motion seeking for stay of execution on the judgement he delivered on February 15,2022 bordering on chieftaincy and land disputes involving Owhor Dike of Eliozu and Chief Felix Amadi of Rumukpalikwu-Ada families of Ogbogoro community in Obio/Akpor Local Government Area of the state.
Enebeli, in his ruling, Thursday in Port Harcourt on the seven-point reliefs sought in the motion by the judgement debtors, defendants in the matter through their counsel, Joseph Dent, dismissed the motion in its entirety, saying that the motion was lacking in merit as the defendants failed to justify the reason why the court should stay execution of its judgement.
The trial judge had on February 15,2022, in its 150-page judgement, which centred on 11 points, ruled that Amadi was the duly elected and crowned paramount ruler of Ogbogoro community based on the facts before the court.
He also ruled that the disputed five lands belong to Rumukpalikwu-Ada family as well as awarded N500,000 in favour of Amadi and family.
However, not satisfied with the outcome of the judgement, Dike family who are the judgement debtors now in the matter, approached the court for stay of execution of the orders, hinging their prayers on the grounds that the judgement, if not stayed by the court, would pose some hardship on the people as well as incapacitate them in their quest to appeal the judgement at the Court of Appeal as they cannot afford to pay the judgement sum awarded against them.
Enebeli, in his ruling that lasted for about 20minutes, yesterday, ruled that the orders of the court made in respect to 1,2,3,4,5,6,and 7 were declarative, and cannot be stayed in law.
“Orders 8 and 9 were mere mandatory, while 10 and 11 were dismissed as well as payment of judgement sum”,he said, and described the motion as inappropriate and dismissed them.
According to the judge, some the orders of the court in line with the judgement had already been executed, including the taking and handing over of the palace to Amadi, insisting that such order cannot also be stayed.
Again,the trial judge said that the court cannot stay its own judgement on those who disobeyed its orders, ridiculed and mocked the court.
“I cannot grant the stay of execution to litigants who disregarded court orders,disobeyed and denigrated the court. So, they deserve no mercy.They have even refused to pay the judgement sum, and coming here to ask for stay of execution of the judgement.Therefore,granting their request is tantamount to rewarding the recalcitrantand disobedient litigants. The judgement creditors should be allowed to enjoy the benefits of their judgement.The defendants have the right to appeal.
“To stay or halt execution of judgement of a court is purely at the discretion of the court on special circumstances which must corroborate with substantial evidence”, he stated.
Speaking to journalists outside the courtroom,lawyer to Amadi and Rumupkalikwu-Ada family,who are judgement creditors in the matter,E.G. Ekesaid the import of the ruling was that the judgement of the court has taken effect, and everybody must comply with the judgement until a superior court makes a contrary order.
Also speaking, the Paramount Ruler of Ogbogoro community, Eze Felix Amadi said the door of negotiation has been open to innocent buyers of lands, and those who built on the disputed lands must negotiate with the community through their counsel.
The lawyer to the defendants, Joseph Dent declined to speak to journalists after the ruling.
By: Akujobi Amadi
News
Group Doles out N13m To Market Women In Isiama
News
Fubara’s Return Excites NCSU … As Hope Rises For Civil Servants
News
NDDC Organizes ADR Capacity Building for Staff
-
Opinion4 days ago
Marked-Up Textbooks:A Growing Emergency
-
Oil & Energy4 days ago
Dangote Refinery Resumes Gantry Self-Collection Sales, Tuesday
-
News4 days ago
Scrap JAMB Age Limit Admission, Parents Beg FG
-
Sports4 days ago
Sunderland Keep Villa Winless
-
News4 days ago
Fubara’s Return Excites NCSU … As Hope Rises For Civil Servants
-
Opinion4 days ago
Man and Lessons from the Lion
-
Oil & Energy4 days ago
How Solar Canals Could Revolutionize the Water-Energy-Food Nexus
-
News4 days ago
CJN To Swear In 57 New SANs, Sept 29