There is palpable confusion and disquiet in Tansian University Umunya Anambra State, following the recent judgement of the Court of Appeal which struck out the 18-year land dispute between the Institution and Anambra business mogul, Chief Romanus Ezeonwuka.
An Appeal court sitting in Awka, Anambra state capital and presided over by three justices, Obietonbara O. Daniel-Kalio, Isa Nature Gafai and Asma’u Musa Mainoma, had struck out a suit brought before them by Tansia University, Msgr Prof. John Bosco Akam now deceased against Renant Industries Company Ltd and Chief Romanus A. Ezeonwuka.
The Court of Appeal dismissed the petition brought forward by Bar. Edwin Obiora, SAN, on behalf of Tansian University “on ground of an incompetent notice of Appeal.
The Appeal Court upheld a decision that will cost Tansian University hundreds of millions of naira in the long-running legal battle.
Now the University will pay accrued rents and vacate the premises “with immediate effect” as earlier ordered by a High Court.
A High Court had ordered Tansian University to vacate its Oba campus and pay acrued rents amounting to near N200 million to the property owners, Chief Ezeonwuka and Ranent Industries Company Ltd.
The standard of “preponderance of evidence” was sufficient enough to have favoured Chief Ezeonwuka in both courts as the true owner of the property.
The University has been in the long legal battle since inception in 2007, and steadily drifting to a precipice.
Apart from this, it also has barrage of existenting crises internally and externally.
When contacted on the apparent grievous violation and misleading the National Universities Commission (NUC) to grant operationing license to the university to operate in a rented and encumbered property, a senior staff at the NUC expressed concern about the unpleasant development in Tansian University since inception, adding that the Commission might take drastic action now that the position of the property has been determined by the.court of appeal.
When asked if the commission will sanction the University and withdraw the two faculties, Faculty of Health Science and Faculty of Management Sciences, sited at Oba Campus, now that the source confirmed the receipt of the CTC of the Appeal Court judgement, he said the Commision would be making an official statement on that, adding that the Executive Secretary has invited the Vice Chancellor for an all-important meeting as it concerns the students and the programs instituted at Oba Campus.
When our reporter visited the University main campus at Umunya, staff were seen groaning and moaning about the judgment effects.
“Our troubles were wantonly inflicted on us by malicious hawks. They squat like poisonous toads in the middle of every positive discussion. We edge carefully around them. We affect not to see them. Yet, there they are, wart-covered and malign, regarding us with cold, protuberant eyes,” said a former principal staff of the university and close aide to the University Founder, Very Rev. Msgr. Prof J.B. Akam.
Recall that the Tansian University went to Appeal court after losing in two Idemili High Courts over ownership of land in Oba to seek discontinuation of order of court to executive judgment.
The three Appeal Court justices after hearing the submissions of the counsel to the plaintiff, Barr Edwin Obiorah (SAN) and Anthony Nwankwo, struck out the suit.
In their judgment, the trio justices in the Appeal No CA/AW/67/2019, dismissed and struck out the suit in favour of the Chief Ezeonwuka and his company.
Delivering the judgment on the 1-to-4 motions sought, Justice Asma’u Musa Mainoma, said, “Effect of all the resolutions above is that this appeal fails and same is hereby dismissed.”
The Certified True Copy of the Judgment as obtained reads in full:
The Appeal Court also upheld 2008 Consent Judgment and terms of settlement of the disputed property. The court also upheld a 2019 High Court ruling that ordered Tansian University to pay Renant Industries Company Ltd accrued rents and vacate the premises with immediate effect. Also the judgment leaves intact a lower court decision upholding in affirmative that Ezeonwuka remains the rightful owner of properties in which Tansian University Oba campus is sited.
Screenshots of the Appeal Court Judgment:
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