By Sunny A Ijomah
The case which was instituted by a group claiming to be “Onitsha South Landlords Association” and ”The Rock of Fire Global Ministries” against the Anambra State Government and the Catholic Archdiocese of Onitsha, on Wednesday suffered a major set-back at the Federal High Court, Awka.
Barrister Azubike Anazor, counsel to the Catholic Archdiocese of Onitsha, had argued that persons suing and asking for injunction to prevent the Catholic Church from taking over possession of Ugborimili Primary Schools situate at Housing Estate, Fegge, Onitsha, which ownership and possession were recently returned to the Archdiocese by the Anambra State Government of Willie Obiano, lacked the legal personality to sue or be sued in court.
Barrister Anazor argued that competency to sue or be sued is a vital factor in determining the competency of the action itself.
The Learned Senior Lawyer maintained that a court is stripped of jurisdiction where either the named parties or the issues are not proper before the court.
The Counsel for the Applicants, Barrister C.O. Ogugua could not continue with the matter and asked for adjournment.
This was resisted by Barrister Anazor unless costs were awarded against the Applicants for tardiness and too many adjournments.
The Honourable Judge, Justice Nganjinwa accepted Barrister Anazor’s line of reasoning and awarded N100,000 cost in favour of the Government and the Catholic Archdiocese of Onitsha. Further hearings were adjourned to 28 April, 2022.