Landlord sues Ikenga Ogidi family union for N10m over trespass, malicious damage

 www.odogwublog.com reports that the landlord of No. 4 Central School Road, Ogbe-Otu Ikenga Ogidi in Idemili North Local Government Area of Anambra State,

Chief Polycarp Dike and his company, Poly Parts International Limited have dragged the chairman of Ikenga Ogidi Family Union, Chief Amaechi Ekume and six others to an Ogidi High Court claiming a total sum of N10 million from them as special and general damages for trespass and assault.

Poly Parts International Limited is the first plaintiff, while Polycarp Dike, its Managing Director/Chief Executive Officer, CEO is the second plaintiff.

Joined in the suit as co-defendants are other executive members of the union, including Emeka Echezona, chairman of the acclaimed works committee of the union; Mbamalu Adolph, secretary to the works committee; Amaeze Ernest, Chuma Mbelu and Toochukwu Oguelina, chairman, secretary and member respectively of Ikenga Ogidi vigilante group and John Agubueze, member of the union.

In a statement of claim filed on their behalf by their legal counsel, Maurice Efobi Esq., former chairman of Idemili Branch of Nigerian Bar Association, NBA, the plaintiffs alleged that ever since they bought the three-storey building from its former landlord, through a bank auction sale, the defendants have been threatening them to leave the house because they are not indigenes of Ogidi.

The plaintiffs also alleged that the defendants had equally threatened their tenants to vacate the building before they destroy it with dynamite or else they would lose their lives during the destruction process.

The plaintiffs contended that the former landlord of the house who is an Ogidi indigene did not have any problem with the defendants since 20 years ago when he built the house but as soon as they bought it through a bank auction sale, the defendants started threatening them with fire and brimstone, to the extent that in one occasion, they mandated the second plaintiff to pay them the sum of N60,000 as development levy which he did and yet they were not satisfied.

Plaintiffs said the defendants kept sending them threatening documents and invitation letters for meetings where they threw up irrelevant discussions until at about 2 a.m. on January 27, 2014  when the defendants and their cohorts who were both members and non members of the vigilance services, numbering about 17, invaded the property, chanting that they were just showing an example of what they plan to do in future.

They alleged while chanting the war songs, the gun men shot sporadically into the air, to the terror of the tenants and started destroying the entire well reinforced concrete wall fence round the building.

They further alleged that as they completely brought down the entire wall fence, they warned that it would be the turn of the building itself when next they come, adding that any tenant who continued to reside there would be doing so at his or her own peril.

They complained that ever since then, the defendants, together with persons with unknown faces have been trailing the second plaintiff, such that he is now afraid for his life, adding that recently, they even brought officials of National Environmental Standard Regulation and Enforcement Agency, NESREA to join in his trail.

Also in their reply to the statement of defence, the plaintiffs said they constructed drainage system at the entire front of the building with concrete landscape floor at the road in front of the compound, so as to ensure that the road is motorable, adding that it was the people having houses after the house that did not continue with the drainage and road construction and yet the defendants want them to construct a concrete landscape all through the street.

But in their statement of defence, filed on their behalf, by their legal counsel, J. R. Nduka, the defendants who denied any involvement with the alleged demand for money from the plaintiffs, however  averred that their grouse with them was that the property in question was and is still a source of very damaging nuisance by reasons of the fact that the plaintiffs, without regard and consideration to the comfort and convenience of other residents and visitors of the community, channeled a waste from their said property onto the main road and thereby caused extensive damage to the road.

The defendants further averred that waste water and other waste products from the said property were channeled and dumped on the said road, causing serious impediment to all the road users, adding that by reason of the above, there are deep cavities and potholes on the said road wherein puddles of the dirty water and waste collect are causing serious stench and health hazard to the residents of the entire area.

When the case was mentioned, the presiding judge, Justice Charles Okaa adjourned further hearing to February 18, 19, 24 and 26, this year, but the strike embarked upon by the judiciary workers stalled further trial of the matter. 

Justice Okaa had before the adjournment, threatened to enter judgment against the defendants for their inability to show appearance in court before the defendants now came and filed their statement of defence.