An Owerri High court presided over by Hon.Justice Eke has granted an interim injunction restraining Imo state government, the Attorney-General, Imo Housing Corporation, Vertex Estate limited and Michael Onyekachi, from further trespass on Umuocha Avu land located along Port Harcourt – Owerri express way.
Delivering his ruling on the matter in the Suit Number HOW/83/2026 , Justice Eke said this is pending the ruling on the interlocutory application on the case slated for October.
The application for interim injunction by the counsel to the plaintiff Chukwuma Machukwu-Ume (SAN) was granted following presentations that the defendants had been destroying structures on the said land while the matter was still in court.
Recall the plaintiffs – the people of Umuocha Avu, Owerri -West LGA, had a few months ago filed a suit in the Court against the Governor of Imo state, Attorney General, Imo Housing Corporation, Vertex Estate Nigeria limited and Engineer Christian Mike Onyekachi for allegedly unlawfully and forcefully entering, destroying houses, Palm plantations, farmland and other economic plants in their ancestral land located at Mgbabo Uzi.
The Community represented by Elder Godwin Oparamba, Elder Chijioke Maduike, Engineer Franklin Mbajunwa, Mr Ikechukwu Ubah, Mr Davison Ubah and Mr Ifeanyi Ubah in a writ of summons, suit number HOW/83/2026 filed by their Counsel and former Attorney General and Commissioner for Justice Imo state Chukwuma- Machukwu Ume, claimed that they are the bona fide owners of the ancestral land of Umuocha Avu, that the customary right of occupancy till date has not been validly revoked or compensation ever paid to them.
The plaintiffs asked for a declaration of the court that the 3rd, 4th and 5th defendants, their agents, servants, privies or any other person claiming through them, have no lawful right or interest whatsoever in the said parcel of land.
They also noted that the acts of entering, occupation, and demolition carried out by the 3rd, 4th and 5th defendants on the said land amount to trespass.
They further seek a declaration that the purported acquisition of the land is unlawful having failed to obey and go through the process and procedure land use act.
They are equally seeking an order of perpetual injunction restraining the defendants, their agents, privies, servants or any other person who so ever described from further entering into, remaining on, demolishing or interfering with the claimant’s quiet possession and enjoyment of the said land and all property on it.
The plaintiffs also want an order of the high court directing the cancellation of the purported allocation of the ancestral lands of Umuocha in Avu autonomous community, Owerri -West LGA Imo state done by the first and 3rd defendants in favour of the 4th and 5th defendants.
They therefore ask the court for an order for possession, directing the defendants to immediately vacate and deliver up possession of the ancestral lands as encroached on by the defendants on the Claimant forthwith.
