Calabar High Court Extends Order Restraining C'River Gov't From Taking Over CREL Rubber Estates In Akamkpa, Biase
By Judex OKORO
High Court sitting in Calabar and presided over by Justice E. T. Ebuta has extended an order of interim injunction restraining Cross River state government, its agents, principal, officers and servants from taking over or sealing or using former Cross River Estates Limited ( CREL) situated at Akamkpa and Biase local government areas.
The Court tried on Order 22 rules 2(3) and (4) of the 2023 High Court Civil Procedure Rules, Cross River State for the extension.
The Enghuat Industries Limited had instituted an action in the High Court of Cross River State challenging the purported notice of revocation of the claimant’s rights over the said Estates by the government of Cross River state.
The case with Suit No. HC/162/2024 is between Enghuat Industries Limited (applicants) and Cross River State Government and the Cross River State Privatization Council (Defendants/respondents),
The claimant/applicant's team of lawyers is led by A. O. Odum, SAN, Attah Ochinke Esq., A. B. Ukah Esq. A. O. Adebayo, Esq., A. E. Kandu Esq. and A. O. Abue, Esq, while the defendants/respondents counsels are Anthony Effiom DC, Ministry of Justice with O. O. Eban Esq.
After hearing both the claimant/applicant's counsel and
defendants/respondents' counsel on their submissions on July 22, 2024 on the extension of the order of interim injunction, Justice E. T. Ebuta ordered
"that while settlement is on going during the vacation between the parties and in line with Order 22 rules 2(3) and (4) of the 2023 High Court Civil Procedure Rules, Cross River State and by the principle of the status quo ante bellum, the rest shall be maintained.
"I hereby further order that proceedings in the matter shall be heard from week to week by way of accelerated hearing. This matter is adjourned to 25/9/2024 for ruling and hearing."
Order 22 R. 2(3) states that " A Judge may upon application extend the effective period of an order made ex-parte if he is satisfied that such extension is necessary in the interest of justice or to prevent irreparable damage or serious mischief to the applicant."
Rules 2(4) states that "The application for such an extension shall be made before the abatement of the order and the extension shall not be for a period exceeding the period of time up to the date of the ruling on the motion on notice provided that the entire period shall not exceed twenty one (21) days."
Recall that on July 8, 2024 the court presided over by
Justice Ebuta has earlier restrained the defendants from using the claimant’s land or demolishing/destroying the claimant’s assets, buildings/structures or carrying on any act whatsoever that would interfere with claimant’s peaceful possession.
He also restrained the defendants/respondents jointly and severally, their principal, officers, servants, agents or otherwise howsoever called from entering upon, sealing or using the claimant’s land or demolishing/destroying the claimant’s assets, buildings/structures or carrying on any act whatsoever that would interfere with claimant’s peaceful possession and use.
The Court ordered that the claimant’s parcel of land, formerly known as the Cross River Estate Limited ( CREL) Rubber Estates, measuring approximately, 5528.8 hectares at Akiridam, Boam and Uyanga Estates in Akamkpa local government area of Cross River State should not tempered with.
It further ordered that the claimant’s parcel of land formerly known as CREL Rubber Estates , measuring approximately 18,537.00 square hectares at Akamkpa local government area of Cross River State as well as the claimant’s parcel of land at UWET ESTATE, formerly known as CREL Rubber Estates, measuring approximately 2895.6 hectares situate at Akamkpa/ Biase local government areas of Cross River State, should not be equally tempered with.
The counsel to the claimant/applicant, A.O.OSUM, SAN, has enjoined all the parties to respect the authority of the Court and the principle of the rule of law by complying fully with the Orders of the Honourable Court.
