By Ononye VC
An Otuocha High Court, presided over by Hon Justice H.O. Ozor, today struck out a land suit against the Catholic Diocese of Aguleri.
The Plaintiff, Emeka Okeke -alias Gbulie -had instituted the action claiming declaration of title, and injunction to stop further construction of the Church building, chapel of adoration, grotto and parish house, at the Transfiguration Catholic Church Parish,Otigba, Nkwelle Ezunaka. The Church was initially an outstation of the St Augustine Catholic Church Parish, Nkwelle Ezunaka, when it was under Onitsha Archdiocese . Then it was known as St Leonard outstation.
Upon the creation of Aguleri Diocese, it was elevated to the status of a Parish by His Lordship, Denis Isiuzo, Catholic Bishop of Aguleri Diocese. Barr Azubike Anazor, Senior Counsel for Aguleri Diocese,had argued before the court that the court lacked the requisite jurisdiction to entertain a suit in the name of a non juristic person, arguing that the counsel for the Plaintiff was in grievous error by taking out an action against ‘Roman Catholic Diocese of Aguleri’ a body not known to law. He also argued that joining the Archdiocese of Onitsha as a second Defendant was utterly bad for misjoinder. Barr Anazor argued that with the creation of Aguleri Diocese, all assets and property within the territorial zone of Aguleri Diocese became vested in the Registered Trustee of the Aguleri Diocese, and no more in the Registered Trustee of the Onitsha Archdiocese.
He concluded by submitting that since the suit was afflicted by the twin maladies of incompetence and misjoinder, it was liable to be struck out. The Honourable trial Justice agreed with these submissions and accordingly struck out the case. Sir Monday Onwe ( Knight of the Anglican Communion) appeared for the Plaintiff while Sir Azubike Anazor, KSJI defended the Catholic Diocese of Aguleri and the Catholic Archdiocese of Onitsha.
