An Osisioma Ngwa High Court in Abia State has barred the former commissioner for Special Duties in Anambra State, Chief Vincent Ezenwajiaku and five others from going ahead with the planned burial of late Sir Pius Ezenwajiaku of Amanasa, Umuchu in Aguata Local Council of Anambra State.
Others barred from burying the remains of the deceased businessman are Sir John Ezenwajiaku, Mr. Marcel Ezenwajiaku, Madam Caroline Ezenwajiaku and Mrs. Francisca Udensi (nee Ezenwajiaku).
Also restrained from releasing the corpse of the late businessman to the above named persons for burial until the determination of the motion on notice, was the Allied Medical Services Limited, Aba.
The wife of late Ezenwajiaku; Lady Clara Ezenwajiaku, her son, Ikenna Henry Ezenwajiaku filed a suit against the respondents over who had the right for his burial.
Counsel to the plaintiff, Anthony Okpala and Mrs. M.I Nnabuife said according to the tradition of the Umuchu clan, it was the “Diokpala” (first son) and his siblings who should take charge of burying their father if he dies since it was the one who buries the deceased that would inherit his wealth.
Okpala told the court that if this function is performed by another person other than the plaintiffs, no matter how closely related, it put the paternity of the children in doubt.
He urged the court to restrain the respondents who he alleged, have advanced plans to bury their late brother without involving his wife and children.
Counsel to the respondents, Chief Ibeziem Udogu (SAN) leading five other lawyers said the plaintiffs were seeking the injunction to ridicule the deceased.
Udogu urged the court to allow the burial to hold as scheduled, arguing that if the injunction was granted, the first plaintiff would have achieved her aim.
In his ruling, Presiding Judge, Justice Chibuzo Ahuchogu said the burial cannot hold as scheduled and adjourned the matter to February 26, 2014.
247ureports.com gathered that the burial of the late Sir Ezenwajiaku was originally fixed to hold on Friday, 21st February, 2014 at his village, Amanasa,Umuchu.
