The Sun gets injunction against power holding firm in Aba

An Abia State High Court, sitting in Aba and presided over by Justice Onuoha Ogwe has given an interlocutory injunction restraining the Niger Delta Power Holding Company Limited (NDPHC) from encroaching and or demolishing the fence/wall of The Sun Publishing Limited pending the determination of the suit.
The Sun Publishing Limited, publishers of The Sun Newspapers, dragged NDPHC to court in suit No. A/119/2015, praying the honourable court to restrain the power company from “further encroachment, damaging and pulling down the claimants wall/fence on its property along Umugo Road Obisi – Alaoji, Aba Abia State pending the determination of the substantive suit.”
In its statement of claim, the claimant averred that it acquired ownership of a portion of the said property along Umugo Road, Obisi Alaoji, Aba as indicated in its Certificate of Occupancy dated July 30, 2008 which was executed in favour of Kalu Uzor Orji, chairman of The Sun Publishing Limited.
Upon acquisition of the said portion of land according to the claimant, the company proceeded to erect structures on the property for the purposes of carrying out printing of The Sun Newspapers.
Claimant avers further, “On July 30, the defendant sent an inspection team to its company wherein they informed the claimant that emission and or heat from the claimant’s factory may affect their new transmission line and they requested that part of the claimant’s factory be relocated to another area.
“It was further agreed by the defendant’s inspection team and claimant that claimant should go and make a cost estimate of what is required for the relocation of part of the said factory and communicate same to the defendant.”
The claimant said it made the cost as agreed which amounted to N850million and communicated the defendant without delay, but stated that it was taken aback, instead of acting on the claimant’s letter as earlier agreed, on November 2, some persons who claimed to be members of the defendant’s task force trespassed on the claimant’s factory to inform it that they had the defendant’s directive to remove the fence/wall and part of the factory of the claimant.
In an affidavit in support of the motion on notice, a Deputy Manager in The Sun Publishing Limited, Harrison Uduma stated that he was aware that the claimant obtained ownership of a portion of the property in question.
Counsel to The Sun Publishing Limited, Daniel Ogbodo, in a motion ex parte brought pursuant to Order 39 Rules 1, 2 and 3 of the Abia State High Court (Civil Procedure Rules) 2014, prayed the court to give an “Order of interim injunction restraining the defendants by themselves, servants or agents from further encroaching, damaging and pulling down the claimant’s wall/fence on its property along Umugo Road, Obisi Alaoji, Aba pending the determination of the motion on notice.”
After listening to the motion ex parte by the claimant’s counsel, the presiding judge, Justice Onuoha Ogwe gave an interim injunction restraining the defendants by themselves, servants or agents from further encroaching, damaging and pulling down the claimant’s wall/fence on its property along Umugo Road, Obisi Alaoji, Aba pending the determination of the motion on notice.
He adjourned the matter till December 7, for the hearing of the substantive suit.