Delta Court Ruling Strengthens Ogwashi-Uku’s Position in Land Dispute With Ibusa

The Ogwashi-Uku Kingdom in Aniocha South Local Government Area of Delta State has recorded a significant legal victory in its longstanding land dispute with the Esemese Community of Ibusa, following a ruling by the Delta State High Court sitting in Ogwashi-Uku.

In a judgment delivered in Suit No. A/M/62/2015, the court declined a key application by the Esemese Community seeking an order to enforce an earlier judgment arising from previous litigation between both communities.

The applicants, represented by counsel P.U. Lotobi, had requested the court to grant leave for the execution of the judgment and approve the substitution of several deceased parties involved in the matter.

While the court approved the substitution of deceased parties from the Esemese Community, it refused the principal request for the execution of the judgment.

Presiding Judge, Hon. Justice Flora Ngozi Azinge, also granted an application substituting the late Obi of Ogwashi-Uku, HRM Obi Prof. Chukwuka Okonjo, with the current monarch, HRM Obi (Dr.) Ifechukwude Aninshi Okonjo II, who was represented by Chief Arthur Obi Okafor (SAN).

The court further directed that the original litigation survey plan used in the earlier proceedings be restored and interpreted by a registered surveyor, a development considered crucial to clarifying the exact land covered by the previous judgment.

Ogwashi-Uku had consistently maintained that efforts were being made to rely on a survey plan different from the one originally tendered and relied upon by the Supreme Court in the earlier case.

Reacting to the ruling, stakeholders in the kingdom described it as a major safeguard against attempts to extend the scope of the earlier judgment beyond the land actually litigated.

Speaking on the decision, the Aboh of Ogwashi-Uku, Chief Jude Obidi, said the ruling reinforces the principle that court judgments can only be enforced within the specific boundaries determined by the courts.

According to him, the boundary between Ogwashi-Uku and Ibusa remains the Oboshi River, while the broader boundary dispute between the two communities is still pending before the Delta State High Court in a separate suit instituted by the Obi of Ogwashi-Uku.

Obidi commended the monarch for pursuing the kingdom’s territorial claims through lawful and judicial means, noting that the latest ruling could have far-reaching implications for future attempts to enforce the earlier judgment.

He added that the decision has cast fresh doubt on claims relating to areas around Admiralty University.

Also reacting, the Chief of Staff to the Obi of Ogwashi-Uku, Prince Onyema Okonjo, welcomed the court’s refusal to grant the execution order and warned land speculators against encroaching on what he described as the kingdom’s ancestral territory.

He, however, noted that the Obi reserves the right to challenge any aspect of the ruling through the appellate courts if deemed necessary.

The latest development is expected to influence ongoing legal proceedings as both communities continue to contest the precise boundary separating their territories.