Land Dispute: Kaduna High Court Issues Interlocutory Injunction to Parties

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By: Joy Odor/Kaduna

The High Court of Justice, sitting in Kaduna has issued an interlocutory injunction restraining all parties from further raising building, structures temporarily or permanently, mortgaging, renting or selling on the disputed land located at National Eye Centre pending the ruling of the substantive matter before the court.

The Chief Judge, Justice David Wyom gave the ruling at Court five of the Kaduna High Court on Friday in Kaduna, North-West, Nigeria.

Justice David Wyom said in the spirit of justice and fairness to both parties, there shall be no building, structures temporarily or permanently, mortgaging, renting or selling the disputed land located at National Eye Centre pending the ruling of the substantive matter before the court.

Speaking after the ruling, the Defense Counsel for Federal Ministry of Health, Barrister Emmanuel Ochum who disclosed that the National Eye Centre is a subsidiary under Federal Ministry of Health said they are lucky that the Court has granted an injunction stopping every person for erecting any building or anything on the disputed land until the main suit is determined.

According to him, What the Court said is that the status quo should remain and everybody should stay where they are until the court determines the legality or otherwise of what they are buildings until after the court give a final judgment, both parties should not do anything.

Also commending on the ruling, the Director Administration, National Eye Centre, Mallam Alhassan Ungo said the ruling will stop the constant trespassing on the land, such as building and blocking the road, adding that the ruling will not stop the operation of the eye centre as an institution.

According to him, it is a good ruling which will make everyone to keep-off and if the judgment can go on for the next ten year, the institution will be happy and status quo will remain as it is.

Reacting to the ruling by the Plaintiff who is Chairman of Mahuta community, Alhaji Awal Zakari said they take the ruling in good faith even though they were expecting the court to stop Eye Centre.

Meanwhile, Justice Wyom adjoined the matter for 21st May, 2018 to hear the amended motion by the Plaintiff.

It would be recall that National Eye Center in 2011 dragged the community to court for trespassing and got judgment against them.

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