Tina Amanda
A Court judgement delivered by Justice Kingsley Chuku of Port Harcourt High Court on February 12, 2021, in favour of Livingstone Estate in Igboo-Etche, Etche Local government area, against Chief Kemakolam Nwanuo and eighteen others has been executed and illegal property worth millions destroyed.
Our correspondent who was at the scene of demolition reports that the execution of the court order was carried out by the tactical unit of the Rivers state Police Command, Nigerian Army and State judicial officials, against those who forcefully sold and built illegal structures on the property belonging to Livingstone Estate.
Speaking in an interview, Counsel to the claimant, Augustine Akwarandu, said the action of the court and security agencies shows that Livingstone Estate has taken over its property, noting that the court judgment has not been vacated by any other court with competent jurisdiction.
He warned others that have the intention to buy or build in the said Estate from the Defendants to desist from such as it is illegal involvement.
“The court that has the first instance to hear any matter in respect of stay of execution of any judgement is the court of the first instance. That application should be filed at the court of the first instance, thereafter can proceed to the court of appeal, none was filed, none was served on the Claimant judgement creditor, none was served at the court, none was to the sheriff’s office.
“We all know the process of executing court judgement. It is a valid one and the officers acted in respect of what the court ordered. The Claimant did a diligent search to know if there is any pending application in respect to this particular judgement order and out that there is none.”
Also, Chief Kemakolam Nwanuo the 1st Defendant in the case claimed that they have secured a stay of execution on the judgement delivered by Justice Kingsley Chuku on the matter, maintaining that they have served it on the parties.
He however emphasized that they have secured a judgement from the customary court which have not also been vacated.
“They did not Appeal that judgement till date, they went back to a High court through Justice Chuku and secured a purported Judgement, we appealed the judgement and served on them stay of execution since January 2021, how will they come to demolition property when there is no court order.
“We served them the processes through the same way they served us. We have served the OC legal, the state High Court.
According to our correspondent, the execution of the court judgement brought tension in the area, which resulted to Commissioner of Police Rivers State, CP Friday Eboka, inviting parties involved to his office at the Police Headquarters, Moscow road Port Harcourt.
