Claims N500m damages
OPERATORS of the multi million naira Urban Motor Park terminal located at the popular Upper Iweka area of the commercial city of Onitsha have dragged the Anambra State government to court over alleged breach of contract.
Others joined in the suit are the Attorney General of the state, the Commissioner for Lands, Survey and Town Planning and the Anambra State Investment and Protection Agency.
The company is claiming N500 million damages from the state government for tampering with its property, most of which were destroyed in the process of forcing the company workers out of the area.
When the case came up at the Anambra State High Court sitting in Onitsha yesterday, the presiding judge, Justice T. U Oguji advised the state government not to tamper with anything in the company until the determination of the suit.
Counsel to the plaintiff, Mr. Obinna Adindu while addressing the court said his clients are dealing with a powerful group and therefore need the protection of the court.
In his statement of claim, Adindu said that on March, 2017, the state government and Del-Trazi Limited, an investment company incorporated in Nigeria, entered into a Joint Venture Agreement (JVA) with a view to establishing an Urban Motor Park at Onitsha, through a Public Private Partnership (PPP) arrangement, adding that to achieve the objective, the parties set up a "Special Purpose Vehicle" (SPV) , which is the Urban Transport Terminal Limited, who is the plaintiff in the suit.
Reliefs sought by the plaintiff include:
A declaration that the plaintiff's Statutory Certificate of Occupancy dated 11.8.2017 and registered as No. 12 at Page 12 in Volume 324 of the Ministry of Lands Registry, Awka, Anambra State in respect of Parcel B of Land at Fire Service Station, Upper Iweka, Onitsha in Onitsha South Local Government Area of Anambra State within jurisdiction is valid and still subsisting.
A declaration that the 4th defendant's purported seizure, sealing off and/or recovery of the plaintiff's land/property and premises covered by a Statutory Certificate of Occupancy dated 11.8.2017 and registered as No. 12 at Page 12 in Volume 324 of the Ministry of Lands Registry, Awka, Anambra State in respect of Parcel B of Land at Fire Service Station, Upper Iweka, Onitsha in Onitsha South Local Government Area of Anambra State within jurisdiction, without notice to the plaintiff, is null and void.
A declaration that the 4th defendant purported seizure, sealing off and/or recovery of the plaintiff's land/property and premises covered by a Statutory Certificate of Occupancy dated 11.8.2017 and registered as No. 12 at Page 12 in Volume 324 of the Ministry of Lands Registry, Awka, Anambra State in respect of Parcel B of Land at Fire Service Station, Upper Iweka, Onitsha in Onitsha South Local Government Area of Anambra State within jurisdiction, is ultra vires its powers.
A declaration that the defendants, in the light of the provisions of the Anambra State Investment Promotion and Protection Law, 2014 do not have the power or authority or jurisdiction in whatsoever manner to seize, seal off and purportedly recover or take over the plaintiff's property without an order of a court or tribunal.
An order nullifying the purported seizure, take over, sealing off and/or recovery of the plaintiff's land/property and premises covered by a Statutory Certificate of Occupancy dated 11.8.2017 and registered as Mo. 12 at Page 12 in Volume 324 of the Ministry of Lands Registry, Awka, Anambra State in respect of Parcel B of Land at Fire Service Station, Upper Iweka, Onitsha in Onitsha South Local Government Area of Anambra State, within jurisdiction by the defendants, particularly, the 4th defendant.
An order directing the defendants, particularly 4th defendant, with their agents, assigns, workmen and whomsoever to vacate the plaintiff's land/property; and
An order restraining the defendants by themselves or through their agents, privies, assigns or howsoever from utilizing or allocating the parcel of land to any person/s or, in any other way, interfering with the rights of the plaintiff to the property,
Following the advice of the Judge that the status quo should be maintained until the determination of the case.
Counsel to the defendants, Mr. Obinna Aghauno, who is a Senior State Council, promised to ensure that the property was not tampered with.
The case was adjourned to April 13, 2022 for further hearing.