Demolition of Enugu community: Appeal Court adjourns to Oct. 28, awards cost against respondent

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By Dennis Agbo

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The Enugu division of the court of appeal has adjourned proceedings to October 28 2026, on the matter involving the demolition of over 300 houses in Nkomoro-Onuogba Nike community by an alleged land grabber in Enugu East local government area of Enugu State.

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The demolition was allegedly carried out while the land dispute lingered in the Enugu State High Court while the High Court awarded judgment against the community even without proper legal representation.

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Dissatisfied with the High Court judgment, the community appealed against the judgment which the matter came up on Thursday.

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At the resumed hearing, counsel to the appellants, Taiwo Kupulati (SAN) begged the court to withdraw an application his clients earlier filed through their former lawyer on 13th February 2026.

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But the Respondent counsel, Benjamin Nwobodo objected to the withdrawal stating that the action would amount to abuse of court process.

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“You can’t file a fresh appeal without withdrawing the first,” Nwobodo tendered and prayed the court for adjournment so he can bring every document on the matter.

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The appellants’ counsel, Kupulati, however insisted on award of N2 million damages by the respondent counsel, Nwobodo, as his transport compensation from Lagos for stalling trial out of his own misdemeanor.

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Kupulati argued that the reason he took the matter from the clients’ previous lawyer was because of errors in the previous filing.

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“All previous filings were done in error. My client wants to withdraw all previous filings. There was no record of proceedings of the lower court. The judgment of the lower court was delivered without my client being represented. There was lack of fair hearing.

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“There was an application to set aside the judge because of lack of fair hearing. There was no hearing at all. He further objected to the application for filing of counter affidavit except if the court declined his application; asked for N2 million cost and a short date for continuation of the matter.

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Ruling on the Matter, the three members panel of the court of appeal ruled that the respondent didn’t file counter claim even when he was served in February.

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The appeal court subsequently awarded the cost of N250,000 against the respondent and adjourned the matter to October 28 2026.

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