Court Of Appeal Says Tansian University Must Recognise Ezeonwuka As Co-owner       

The Court of Appeal panel in Awka, Anambra State capital, upheld the lower court’s decision that Chief Romanus Ezeonwuka, the second respondent/applicant, should be considered a co-owner of Tansian University in Oba, Idemili South Local Government Area of Anambra State.

The Appellate Panel, consisting of Justices Oboetonbara Daniel-Kalio, Isa Gafai, and Musa Mainoma, ruled on an appeal filed by Tansian University, Umunya/Oba through its lawyer, Dr. E.S.C. Obiorah (SAN), challenging the trial court’s order to repossess the entire property and receive N200 million as general damages for possessing and occupying the plaintiff’s property.

Anthony Nwankwo filed a suit at the lower court on behalf of the applicants, Ranent Industries Company Limited (1st Applicant) and Ezeonwuka (2nd Applicant) in suit No HID/89/2008.

He sought a declaration that the 1st Plaintiff (now 2nd Respondent) is entitled to the right of occupancy over the land at Oba, registered in the Land Registry Enugu (now Awka), subject to refund by the 2nd Defendant of any money the 2nd Defendant paid to the bank.

The Counsel applied for a declaration that the 2nd Plaintiff is a co-owner, co-proprietor, and co-investor with the 2nd Defendant University.

He is entitled to reap his investment by contributing to the 2nd Plaintiff’s property at Oba, registered as No.60 on Page 60 in Volume 1269 of the Land Registry Enugu (now Awka).

The applicants’ lawyer requested a declaration that the 2nd Plaintiff has the right of occupancy over the property registered as No. 65 in Volume 1011 at the Land Registry Office in Enugu (now Awka).

If the 2nd Plaintiff is not recognised as a co-investor or co-founder of the 2nd Defendant University, the 2nd Plaintiff may repossess its entire property at Oba, registered as No. 60 at Page 60 in Volume 1269 of the said Registry, upon refund by the 2nd Plaintiff of money paid by the latter to the bank in the redemption of the 2nd Plaintiff’s indebtedness.

The Counsel requested that the 2nd Plaintiff, who has the right of occupancy over the land at Oba registered as No 65  in Volume 1011 of the Registry, repossess the property and pay N200 million in general damages for possessing and occupying it.