By Anthony Ogbekile
A State High court sitting in Owerri, the Imo state capital has set aside, the judgment delivered by Justice NB Ukoha in November 2019 awarding ownership of the land which Empire Energy is situated to Dr Phillip Njemanze, Empire Energy had gone to court to set aside the judgment and claimed it is not a party to the original suit.
Empire Energy gave a brief history of the case, “Some years back, I applied to the government for a piece of land for an auto shop with a petrol section which was given to me in 2012 to 2013. Subsequently my friend was also given one piece of land in the same place, so we began developing the place in 2013 precisely and one man called Phillip Njemanze came to me and I told him I did not have any problem with him. I asked him to visit the government who gave me the allocation.
Ekwebelem and Phillip Njemanze are family friends. A long time ago, I gave him my card and instead of seeking for peace with me, he went and included me in the suit. When the case was coming up, they didn’t invite me to court and all of a sudden I heard a judgment had been given over the radio, so I went for an appeal.
Today is a judgment of another appeal for Empire Energy who were never made a party to the suit, knowing fully well that Empire is the occupant of that land, fully developed it for about four years before they started trading and they deliberately avoided Empire in the suit in the judgment. Now coming to execution of the judgment, it was not signed by any judge or any authority of the state high court.
Today, the Imo State High Court ruled that the judgment was fraudulent and of no effect. They have awarded a fine of N100, 000 against the Deputy Sheriff and the state government. I can only thank God and the judges that finally the court is the last hope of the common man.”
Speaking on the matter, the legal counsel of Empire Energy Ikenna Ukah said “On the 5th of August 2020, some persons led by the bailiff of the court entered Empire Energy, sealed off the premises on the execution of a judgment. When we came to court, we filed an application to set aside the judgment premised on two grounds. Firstly, that the place/parcel of land of the land where Empire Energy is situated is different and distinct from the land over which the judgment creditor, Dr Phillip Njemanze obtained.
Secondly, that the process did not make Empire Energy a party to the suit and as such is not barred by the outcome. So this is the basis we came to court. The court duly delivered its ruling today, 25th January, 2021 agreeing with us wholly and entirely that the execution of Justice K.A Ojiaku was fraudulent.” On Ekwebelem’s involvement in the matter, the legal counsel said “We represented Empire in the application which was not a party to the substantive suit.
We are not privy to the pleadings but upon our involvement of the execution, we saw the processes filed. Hon Ekwebelem was sued as someone interested in the land. He was joined as the fifth and sixth defendant.”
