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Court Restrains Enugu Govt. From Further Demolition At Centenary City

An Enugu State Magistrates Court has retrained the state government and its agensts from the demolition of houses situated at ACESTA Estate within the Centenary City until the determination of the motion for interlocutory injunction.

His Worship, I.M Mamah gave the order while ruling on an exparte motion brought brought to the court by ACESTA Estates, Chief Henry Okechukwu Agbo And Chief Sunday Nnaji White against Enugu Capital Territory Development Authority Enugu South Local Government, Town Planning Authority, Enugu State Government and the state Ministry Of Lands in suit No. MES/30M/2023.

Residents of the estate had approached the court on the grounds that the 7-day notice issued to them by the state government was not in line with the law of recovery.

Court documents obtained by our reporter reads “Upon an application by motion exparte brought pursuant to section 17(1) e of the magistrate court law of enugu state 2004; order IV rule 1(1) B and 2 of the magistrates court rules of enugu state, 2004 and under the inherent jurisdiction of this court, dated the 3 day of May, 2023 and moved on the 4 day of May, 2023 by M.I. Ugwuanyi Esq. counsel for the Applicant. The motion is supported by 16 paragraphs affidavit deposed to by Ani Sandra litigation secretary in A.J. Nweke & Associates of 168 Ogul Road, Enugu.

“And after hearing, the submissions of M.I. Ugwuanyi Esq. praying for an order of interim injunction restraining the Respondents from carrying out the proposed demolition of all that building structures being, lying and situate at Acesta Estate, Awkunanaw in Enugu South Local Government Area of Enugu State, pending the determination of substantive suit.”

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Court ordered that, “the respondents are hereby restrained from carrying out the proposed demolition of all that building structures being, lying and situate at Ascsta Estate, Awkunanaw in Enugu South Local Government Area of Enugu State, pending the determination of motion for interlocutory injunction.

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