Justice Obietombara O. Daniel-Kalio, in his brief judgment, said, “I have read the judgment of my Lord, Asma’u Musa Mainoma, JCA, and I agree with my Lord’s reason for upholding the preliminary objection of the respondent and dismissing the appeal”.
![](https://thenigerialawyer.com/wp-content/uploads/2024/11/TheNigerialawyer-WhatsApp-Channel1.jpg")
However, Justice I.B. Gafai, in his view, said, “Much as I hesitated to, I found myself unable to agree with the conclusion in the lead judgement that the appeal be dismissed on the merit. Instead, it is my humble view that the appeal be and is accordingly struck out by me.”
On the judgment day, Dr Edwin Obiorah, SAN, a Catholic priest with J..A Obiajulu Esq., appeared for the appellant, while A.O. Nwankwo, with M.N. Chikezie Esq., appeared for the respondents.
In the lead judgement, the appellate court said, in its view, the appeal brought to it is not only lacking in merit, but a mere ploy to deny the respondent access to reap the fruits of his labour for donating his landed property to the appellant for use as it’s take-off campus, which prompted the National Universities Commission, to approve a provisional license for the establishment of Tansian University.
The Anambra State High Court sitting at Ogidi in Idemili Judicial Division, presided over by Justice Onochie Anyachebelu, the incumbent Chief Judge of the state, had in 2010, delivered a consent judgment, mandating the founder of Tansian University, Monsignor John Bosco Akam (now late) to be paying N10 million annually to Ezeonwuka, the donor of university’s take-off campus at Umuogali village, Oba, in Idemili South Local Government Area of the state as an honorarium for donating the premises of his company, Ranent Industries Company Limited to the late Monsignor Akam for use as a take-off campus for the establishment of the university.
The consent judgment came shortly after both parties reached an agreement that Ezeonwuka should stop laying claims to be a co-owner of the University and settle for a reward of N10 million annual honorarium for donating the premises of the moribund Ranent Industries Company Limited to Monsignor Akam, now late for the establishment of the Tansian University as it’s take-off campus at Umuogali village, Oba.
Based on the consent judgment, the late Monsignor Akam paid the agreed annual honorarium of N10 million to Ezeonwuka from 2010 to 2018 and suspended further payments, citing the paucity of funds as the reason for the suspension.
The aggrieved Ezeonwuka, in 2019, headed back to the Ogidi High Court, then presided over by Justice Arinze Akabua and filed a motion asking the court to grant him an order to levy an execution which involved selling all moveable and immoveable properties of the university to recover the arrears of debt owed him for the number of years the payment of the honorarium was suspended and the court granted the motion.
Not satisfied with the motion so granted by the lower court, the appellant, Tansian University, approached the appellate court seeking to upturn both the consent judgment and the Motion for Execution which all went in favour of the respondents, who were the plaintiffs in the suit and the motion.
The appellant contended that the lower court has no power to assume jurisdiction in the substantive suit, as well as the motion for execution.
The appellant’s brief of arguments, according to its legal counsel, Dr Obiorah, SAN, a Catholic Priest all questioned the jurisdiction of the lower court to entertain both the main suit (HID/892008) and at the same time refuse to grant the appellant’s preliminary objection, as well as the respondent’s application for execution of judgement in Motion No. HID/864m2018, which the lower court granted on 11/2/2018.
Nwankwo Esq, lead counsel to the respondent, who expressed gratitude to the appellate court for its erudite judgement, told newsmen shortly after the judgment that his client, Ezeonwuka, has lost so much in the hands of the appellant since he donated the land to the late Monsignor Akam, founder of Tansian University for use as a take-off campus for the establishment of the university.
Nwankwo recalled that it is regrettable that instead of giving the same portion of land for N93 million as a lease to a construction giant, Consolidated Construction Company, that handled the dualization of the Onitsha/Owerri dual carriageway within the same period Monsignor Akam approached him with the same request, Ezeonwuka opted to donate it to the Tansian University as his equity, with only a condition to provide a paltry sum of N14.5 million to offset balance of N30 million bank loan the land was mortgaged to secure, as a result of his passion for education.
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