Supreme Court dismisses 39 - year old suit on Anambra's Trans-Nkissi Layout acquisition

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By Madu Obi

The Supreme Court of Nigeria has dismissed the 39- year old suit challenging the revocation and compulsory acquisition of Trans-Nkissi Layout in the commercial city of Onitsha by the old Anambra State government

The suit, filed in 1987 by Chinyelugo Denis Chude and 11 others against the Anambra State government, the state Attorney-General and the Commissioner for Lands, questioned the legality of the revocation and acquisition of the area known as Trans-Nkissi Layout, Onitsha.

The plaintiffs failed to diligently prosecute the matter, leading to the matter being struck out in 2008 by Justice Agbata. However, after seven years, they applied for it to be relisted in 2015 and it was refused by the trial court.

An Assistant Director in the Ministry of Justice, Okechukwu Ezeanyim had argued that the case had suffered prolonged inactivity since 1987, with no witnesses called, and noted that the area had since developed into a highbrow residential layout with thousands of occupants.

He argued that reopening the matter would be inequitable and contrary to public policy, given the long period of inaction.

Dissatisfied, the plaintiffs proceeded to the Court of Appeal in suit number (CA/E/E/96/2015), but the appeal was dismissed for lacking merit.

They subsequently approached the Supreme Court in suit number (SC/400/2018) and the apex court dismissed the case in a unanimous decision.

Justice Iyang Okoro delivered the lead judgment, which was concurred in by the other justices.