June 25, 2024

Court Favours Frank Omo-Amadasun On Landed Property

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By Simeon OSAJIE

A Benin High Court has issued a certificate of “Execution of Warrant of Possession” to Mr. Frank Omo-Amadasun in order to take full possession of his landed property situated at Zone MD/A44/OBAZAGBON in lkpoba Okha Local Government Area of Edo State.

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The certificate is the aftermath of a judgement of piece or parcel of land measuring 1,000 feet by 1,000 feet delivered in favour of Mr. Frank Omo- Amadasun in a High Court in Benin City presided over by Hon. Justice A.N. Erhabor.

In 2021, some persons encroached on the landed property of Mr. Frank Omo- Amadasun measuring 1,000 feet by 1,000 feet in Obazagbon near Avbiama in Ikpoba Okha local government area of Edo State.

The land was acquired in 1979 and has been in full control of Mr. Omo-Amadasun before its encroachment lately.

The situation forced Mr. Frank Omo-Amadasun to institute a legal procedure to reclaim his landed property. 

Consequently, Johnson Akpobosa,  Peter Akpobosa , Abel Oyo Akpobosa , Mrs Omoruyi, Mrs. Oronsaye and 11 unknown persons who have occupied the land were sued in a Benin high court presided over by Hon . Justice A. N. Erhabor.

There was enrolment of order where the judge granted an interlocutory injunction restraining all the Defendants/Respondents, their servants,  agents or any person howsoever described as acting on their behalf or instruction from further trespassing on the piece or parcel of land measuring approximately 1,000 feet by 1,000 feet known as plot 53351 lying and situate at Zone MD/A44/OBAZAGBON,  lkpoba Okha Local Government Area of Edo State pending the hearing and determination of the substantive suite before the court. 
The restraining order was issued by the presiding Judge, Hon. Justice A. N. Erhabor on Wednesday the 16th of November, 2022. The case went on in the High Court peacefully.

In the Suit No. B/975/2021, the judge then gave a perpetual injunction restraining the defendants/respondents and their agents from accessing the land.

But despite the restraining order, the defendants went ahead to start developing property in the land. 

In the  judgment, the court confirmed that Mr. Frank Omo-Amadasun has a verifiable Certificate of Occupancy to the land with digital registrar in the EDOGIS.

The court also confirmed that the claimant is the rightful owner in possession of 1,000 feet by 1,000 feet bounded by Beacon No. 542543544 and 454 which covers an area measuring approximately 8,557 hectares now known as plot 53351 lying and situate at Obazagbon in lkpoba Okha local government area of Edo State.

After the judgement, the claimant, Frank Omo-Amadasun then got a Certificate of Execution of Warrant of Possession which has been fully executed. 
In an off camera talk, Mr. Frank Omo-Amadasun said some persons who are not aware of the full judgement are protesting that he forcefully took over the land.

According to the claimant, he has only followed due process to reclaim his landed property that was encroached by some persons adding that he acquired the land in 1979.

Contacted, the Edo State Police Public Relations Officer,  (PPRO), SP Chidi Nwabuzor said the police received a letter from the Deputy Director of the High Court to execute the court order over the land.

SP Chidi Nwabuzor said the Edo State Commissioner of Police, CP Funsho Adegboye has since ordered men of the Anti-Kidnapping and Cybercrime Unit of the Edo State Police Command to take over the judgement execution order.

As at press time, the claimant has since taken over the full possession of the land as ordered by the court but not without resistance by some persons in Obazagbon in Ikpoba Okha local government area of Edo state.

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