Enogie of Ologbo vs Johnson Atseleghe, 7 others Adjourned To Feb 3rd, 2022


 

BY IKHILI EBALU, BENIN CITY.

Legal fireworks in the suit between the Enogie of Ologbo, His Royal Highness, Prince Owen Jason Akenzua ( claimant/ applicant), suing for himself and on behalf of the people of Ologbo Dukedom and Chief Johnson Atseleghe ( the Iyatsere of warri ), and 6 others has been adjourned to 3rd of February 2022.

The case with suit no: B/ 294/2020
came up today before Justice Daniel Okungbowa of Benin High Court 2.

At today’s sitting, the defense counsel moved the motion for extension of time through which they can file their statement of defense and other processes.
Being that they are already out of time, so they have to bring in a motion pleading for extension of time through which they can file their defense.

That motion was moved and the claimant counsel did not counter it because it was a harmless motion.

Also the second order seek by the defense counsel was thrown out by the court because the 1st defendant counsel have not regularise their motion.

That process will have to have the names of all the parties including the 1st defendant.

Claimant claims against the defendants are as follows.

A Dectaration that Ologbo Dukedom situate in Edo state and forms part and parcel of the Dukedom under the control and over lordship of the Oba of Benin.

A Declaration that His Royal Highness Prince Owen Jason Akenzua, the Enogie of Ologbo Dukedom is the traditional Head and the representative of the Oba of Benin vested with traditional and Customary Powers and Authority to control and administer Ologbo Dukedom.

A Dectaration that Imasabor, Oghobaiye, Ologbo, Ikara, Ajatiton, Kolokoilo |, Kolokolo II, Ajcki, Ajamimojah and Ablala communities all forms part and parcel of the communities under the lordship, tradtional and customary control and authority of the Enogie of Ologbo, His Royal Highness Prince Owen Jason Akenzua,

A Declaration that the “‘Ikaye Descendants’ or ‘Ikaye Community”? or itsekiri Ologbo Community as continuously paraded by the 1* and 3” Defendant is not recognized and an autonomous community within the Ologbo Dukedom

A Declaration that the tradtional title or sobriquet ‘‘Ikaye Atariumogun” or Atariumogun of ikaye Community, Ologbo under which the 1% Defendant parades himself, assert and usurps the Traditional and Customary Powers and Authority of the Claimant ‘within Ologbo Dukedom is not a recognized traditional title within
the Ologbo Dukedom.

A Declaration that the actions of the Defendant consist of the following.

Usurping, parading and exacting of parallel traditonal and Customary powers and authority within Ologbo Dukedom particularly Ologbo central, Ajatiton and kolokolo communitties

Administering, sale, collection of development levies and development of communal lands within Ologbo Dukedam

Relating directly with companies and investors on communal matters, negotiating and collection of royalties, compensation and entitiements accruing to Ologbo Dukedom or any community under it.

Asserting control and ownership of communal lands, with Ologbo Dukedom

All constitute and amounts to the usurpation of the powers and authority Of the Enogie of Ologbo Dukedom His Royal Highness Prince Owen Jason Akenzua.

AN ORDER of perpetual injunction restraining the 1″ Defendant, his Agents, Servant, Privies or however so called from further usurping, parading or exacting the traditional and customary powers and authority of the Enogie of Ologbo as it relates to matters listed in Paragraphs 44 0 above or any other matter which the Claimant is traditionally and Customarily vested with power and authority as the Enogie of Ologbo Dukedom.

Haven listen to both parties, the Presiding Judge, Justice Daniel Okogbuwa adjourned the case to 3rd February 2022 for continuous hearing.


joshua

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