An Enugu based industrialist, Chief Agbo Anike Stanislaw, has sued the Enugu State Solicitor General, Mr Victor Emeribe and a business man, Chief Virginia Nnajiofor Chukwu, for fraudulently trying to take over his landed property and residential house situate at Plot 246B, Independence Layout, Enugu.
In a suit No E/282/ 2016, which our The PUNCH obtained on Tuesday, Chief Agbo, through his Counsel, Gerald Abonyi, sought an order of perpetual injunction to restrain the defendants from trespassing and harassing the plaintiff out of the said property in lieu of a lein over a debt.
The matter was however stalled on Tuesday when it came up at the Enugu State High Court, following the transfer of the presiding Judge, Justice H. O. Eya.
It was gathered that in around February, 2014, Agbo obtained a loan of N17 million from Chief Chukwu who was in partnership with the legal luminary, Emeribe to be paying an interest of 15% on the loan every month to develop an Automobile Accessories plant.
He obtained the loan in the name of his company, TANSLA Investment Ltd, which Agbo is the Chief Executive Officer.
However, when the plaintiff has paid up to N7, 650,000, leaving a balance of N9,350,000, the defendants were said to have sued the plaintiff in a magistrate court through which they want to confiscate the property in lieu of lein which the plaintiff kicked against saying that they got power of attorney fraudulently to confiscate the property.
According to the plaintiff, in his statement of claim, all the transactions done on the property at No. 21 Umuawulu Street Independence Layout, Enugu were done through the First Bank and Diamond Bank, now Access Bank respectively.
Agbo who felt that an injury has been done to him, approached the Enugu State High Court, demanding among other things that the defendants should pay him N50 million for special damages, “for causing severe trauma, financial losses and cost of litigation by constituting Suit No. MEN/749/2014 between Chief Virginia Nnajiofor Chukwu and Barr. Victor C. Emeribe and Chief Agbo Anime Stanislaw pending at the Magistrate Court 5, now Magistrate Court 10, Enugu North LGA.”
Agbo, in witness statement on Oath averred that the 1st defendant, Chukwu was an unscrupulous person, pointing out that he and Emeribe Havelock no right to charge interest on loan since they were not a registered financial institution.
“A declaration that the coy Defendants not being a registered financial institutions with license to charge interest on loans cannot charge interest on loans given to the Plaintiff.
“A Declaration that the mere act of the 1st and 2nd defendants having a lein on the plaintiff’s property described above by way of advancement on loan does not entitle them to the propriety rights or ownership of the plaintiff’s property,” the statement among other things read in part.
As part of his statement of claim, Agbo also averred that the property has a Certificate of Occupancy, C of O, No. OOO432 which was registered as No. 74 at page 74 in Volume 1432 of the Land Registry in the office in Enugu, a proof that he is still the valid owner of the property.
