*Says Contemnor In Flagrant Disregard of Court Judgement Delivered in 2021

The case between Ebere Ozigbo and Chimezie Osebe against Alexander Osebe and Chinwe Osebe, has taken a fresh turn as the defendants have taken out application for committal against the plaintiffs and their agent.

An applications for Committal is filed by the Defendants before the High Court of Anambra State, Akwa Division, in SUIT NO:.A/438/2016, brought pursuant to Order IX, Rule 13 of the Sheriff and Civil Process Law, against the Plaintiffs and their agent namely; Ebere Ozigbo, Prof. Chidozie Bede Ibeh and Mrs. Phina Atuegbu.

The application was accompanied by a 50 paragraph affidavit deposed to by the 1st Defendant/Applicant wherein he alleged that the contemnors were in flagrant breach of the Courts decision delivered in Ebere Ozigbo and anor. v. Alexander Osebe and anor. with suit no. A/438/2016 on 16th June, 2021.

According to the affidavit, the defendant’s late father Philip Osebe had left a vast compound of land in Enuagu which his late brother, Michael Osebe had refused to stay in due to the fact that persons had being dying on the said land and proceeded to build his own house in Obunno which according to the 1st defendant was built with his help.

The defendant further alleged that upon the death of his late Father and late brother, he inherited the Enuagu Land as sole surviving son in accordance with customs and traditions but however could not stay in the said land because he was yet to build his own house. As such, he proceeded to stay in his brothers house in Obunno.

However, the 1st defendant asserted that the plaintiffs conspired with the Contemnor and instituted an action Ebere Ozigbo and anor. v. Alexander Osebe and anor. with suit no. A/438/2016 claiming an ownership of the house and compound of his brother. Judgement was given by the Court that his late brother owned the house in Obunno while he owned the vast Enuagu land. And the plaintiffs executed the Court judgement and threw him out of his late brother’s house, resulting in him going to stay in his wife’s family house till date.

The 1st defendant further asserted that in disregard of the Court judgement delivered in Ebere Ozigbo and anor. v. Alexander Osebe and anor. with suit no. A/438/2016, the plaintiffs and their agent continued to trespass the land in Enugu and even proceeded to share the land in 2021yndsr the instructions of Prof. Chidozie Bede Ibeh and his co contemnors. This prompted the 1st defendant to continually warn the contemnors to stop trespassing the land to no avail.

He further noted that one time, he sent his daughter, the 2nd defendant, Chinwe Osebe to check out what the contemnors were doing to the land in Enugu which resulted in the 2nd defendant being assaulted. A report was made to the police and charges were filed against the Contemnors by the police in the case of COP v. Phina Atuegbu and another.

The 1st defendant stated that even after they were granted bail, the conspirators proceeded to continue trespass the land in Enugu breaching the court’s judgement.

Hence, the 1st defendant caused an an application of Committal to be served on the contemnors as well as the form of why an order of Committal to prison should not be made against them. The defendant asserted that that the contemnors should be sent to prison until they purge themselves of contempt of Court.

The application is yet to be heard. But the new development signals continued acrimony between both parties despite previous court judgement. All eyes will be on the court as it weighs committing the Plaintiffs and their agents over contempt allegations.