An Issele-Uku High Court sitting at Onicha-Ugbo, Aniocha North Local Government Area, Delta State has issued an order of interlocutory injunction relating to the Obi title in Issele-Azagba community, Delta State.
The order followed an application by the son of the late traditional ruler of the community, Timothy Tobechukwu Jidouwa Obi-Ijei and four others against Ikechukwu Christopher Adigwe Ugbome and six others seeking for an order to restrain those (defendants in the substantive suit) from further taking any step(s) in respect of any matter relating to the Obi of Issele-Azagba community pending the determination of the substantive suit.
Delivering ruling in the suit no. HCI/36/2023, Justice E.G. Timi (Mrs.) held that the court was satisfied that the applicants fulfilled the requirements to secure the injunction and the court can exercise its discretion in granting the application in their favour.
After listening to submissions by counsels to the applicants and defendants in the case, the court held that the balance of convenience lies more in favour of the applicants, adding that damages will not be adequate compensation if the respondents are allowed to proceed with the process of obtaining the staff of office and same leads to irreparable damage of abominable spiritual proportion culminating in deaths and afflictions in the community.
On the issue of payment of damages, the court noted that the applicants had undertaken to pay damages if the substantive suit turned out to be frivolous and believed it was enough to attract the injunction also.
“On the whole and against the backdrop of the above, I am satisfied that the Applicants have fulfilled the requirements to enable this court to exercise its discretion in granting this application in their favour. According to the sole issue I raised in determining this application is hereby answered in their favour”, the court held.
The applicants/claimants in the suit are Timothy Tobechukwu Jidouwa Obi-Ijei, Diokpa David Olih, Prince Francis Obi, Prince Andrew Nwaomezi and Prince Andrew Illoh for themselves and on behalf of the members of Umuojeagu Royal family, Ikem Quarters, Issele-Azagba, while the defendants are Ikechukwu Christopher Adigwe Ugbome, Augustine Ugbome, Uzoma Martin Idaboh, Steve Idaboh (for themselves and on behalf of members of Ogbe-Utu Quarters, Issele-Azagba), the Deputy Governor of Delta State, Frank Aghara (Permanent Secretary, Directorate of Chieftaincy Affairs, Deputy Governor’s Office, Asaba, Obi Samuel Otiegede, Chairman, Aniocha North Traditional Rulers Committee, Issele-Uku (for himself and on behalf of Aniocah North Traditional Rulers Committee, Issele-Uku)
