By Eben Enasco Kingsley, Benin City
A Benin High Court has ordered Alhaji Aliru Momoh Ikelebe III,the
Otaru of Auchi to vacate the premises he currently occupies as his
palace in the last two decades in 31 days, as he is an illegal
occupant.
Otaru of Auchi.
The property according to the court, which also ordered the monarch to pay N10million as damages actually belongs to its rightful owner, Orbit Building society Limited, which sued the Otaru claiming ownership.
Delivering the judgement, Hon Justice Esohe Ikponmwen granted the claimant the right to take full possession of the property as the
rightful owner, stressing that the company acquired the said property in 1993,whilst the second defendant has no tie with the property; henceforth, should vacate the property within 31-day.
The court who awarded N5 million as general damages and N5 million as exemplary damages against the defendant, stressed that the damages would have been bigger owing to the number of years the second respondent occupied the property but was awarded in line with the demand of the claimant.
Orbit Building Society had in 1997 filed a suit against the Otaru of
Auchi asking that he quit the property which is located at old
Government Reservation Area, Auchi Estako West LGA, Auchi.
It was gathered that the property, which was then known as Bendel
Hotel, was bought by the claimant from Edo State government in 1993 with an agreement to continue to keep the hotel running and provide employment opportunity for the community. But the sOtaru illegally took it over and built his palace on it.
For the claimant, Ikoghode Julius, the Managing director Orbit
Building Society Limited, it was a demonstration of the rule of law
and a dream come true,adding that he had on several occasions
confronted the royal father on his decision to move his Palace to the
property in 1993,while he waited for five years,before deciding to
seek redress in the competent court of law.
He quipped,”Edo State government told me that I should use whatever means available to recover my property and I am happy that the court has given me my property back after twenty two year.
