The Enugu State High Court has adjourned proceedings in the land dispute between Lagos-based pastor and businessman, Dr. Basil Kenechukwu Ogbuanu, and former Governor of old Anambra State, Chief Jim Ifeanyichukwu Nwobodo, his wife, Barrister Patricia Nwobodo, and other defendants after both sides filed preliminary applications challenging aspects of the suit.
Justice C.C. Ani adjourned one of the matters to October 22, 2026, to hear pending applications after the defendants formally entered appearance and filed their defence alongside notices of preliminary objection.
During proceedings, counsel to the defendants, Chuma Oguejiofor Esq., informed the court that the defence sought to withdraw all processes earlier filed by previous counsel and replace them with fresh processes, while also seeking the regularisation of their memorandum of appearance.
Counsel to the plaintiff, Onyechi Araka Esq. and Olisa Igweike Esq., told the court that the defendants had only just served the plaintiff Counsels with their processes in response to the writ of summons. He requested an adjournment to enable him study the documents and file appropriate responses to the applications.
Following submissions by both parties, Justice Ani adjourned the matter to October 22, 2026, for hearing on all pending applications.
Speaking with journalists after the proceedings, Igweike said the defendants had filed statements of defence and preliminary objections challenging the competence of the suit.
“The defendants entered appearance today. They filed their statement of defence, and they also filed a notice of preliminary objection. The counsel representing the fifth and sixth defendants also filed their own notice of preliminary objection challenging the suit,” he said.
According to him, the court granted the adjournment to allow the plaintiff respond to the objections before determining whether the substantive case would proceed.
“The court, after reviewing the multiple applications before it, adjourned to October 22 to entertain the applications and enable the plaintiff’s counsel react to them, to determine if the suit will go on or not after that day,” he added.
On another related matter before Justice E.N. Alukwu involving the same parties, Igweike said the court similarly adjourned proceedings to October 21, 2026, after the defence also filed a preliminary objection.
“The position of the court is similar. The defence counsel filed a preliminary objection challenging the suit. The matter was adjourned to October 21 for the application to be entertained and to determine whether it has merit or lacks merit,” he said.
Also speaking after the proceedings, defence counsel Chuma Oguejiofor Esq. said the defendants were challenging the competence of the suit on several procedural grounds, including alleged improper service of originating processes.
According to him, the defendants were not personally served as required by law, while statutory procedures for serving the corporate defendants were also allegedly not followed.
He further argued that some public officers named in the suit were not served with mandatory pre-action notices before the action was commenced.
Oguejiofor also contended that although the plaintiff accused police officers of participating in the demolition of structures on the disputed property, the Nigeria Police Force was not joined as a party in the action.
“If you accuse somebody, Section 36 of the Constitution guarantees fair hearing. We said we cannot even go into the merits of the matter until the preliminary issues are resolved. The proper procedures must first be complied with before the matter can proceed,” he said.
He disclosed that the plaintiff requested time to study the objections filed by the defence, prompting the court’s adjournment.
The defence lawyer also criticised the plaintiff for allegedly failing to explore Alternative Dispute Resolution (ADR) mechanisms before commencing the action but maintained that the defendants remained open to resolving the dispute if ADR was pursued.
The latest proceedings stem from a suit filed by Ogbuanu against Jim Nwobodo, his wife, Linkana Hotels Limited, Millennium Construction & Estate Developers Ltd, Moss Island Limited and other defendants over an alleged ₦235 million land transaction involving plots at Independence Layout, Enugu.
In suit No. E/328/2026, Ogbuanu is seeking declarations recognising his interest in the disputed property, an order compelling the execution of a Deed of Sub-Lease in his favour, the nullification of a Deed of Assignment allegedly registered in favour of Moss Island Limited, over ₦611 million as special damages, ₦209 million for building materials and ₦5 billion as general damages over the alleged demolition of his buildings and other claims.
The plaintiff also alleged that the defendants unlawfully entered the property, procured his arrest and demolished structures he erected on the land despite approvals for development.
The defendants have denied liability and, in a separate suit pending before the court, are seeking declarations that no valid sale of any portion of their estate was concluded with Ogbuanu, an order directing him to vacate the property and return possession, as well as damages.
