The legal battle erupted following an attempt by Prince Eze to take over two immovable properties belonging to one Major Emmanuel Okwuosa which the Enugu State High Court ordered should be sold to enable Eze recover the $1million (about N157 million) allegedly owed him by Okwuosa.
However, Senator Uba is claiming ownership of the two properties namely: Plots M17 and O/19 Independence Layout, Enugu which the court presided over by Justice Umezulike, had earlier ordered to be attached for sale in favour of Prince Eze on October 10, 2012.
Umezulike had granted an ex-parte application brought by Obi Orakwue, counsel for Prince Eze pursuant to Section 44 of Sheriffs & Civil Process Act, 2004; Order IV Rules 1 (2) & 16 (1); Order VII Rule 7 Judgment Enforcement Rules and ordered the attachment and sale by private contract of the immovable properties of Okwuosa, the judgement debtor, who was indebted to the applicant to tune of about $1 million only.
But following the issuance of the Writ of attachment and sale against the said properties by the court as directed in suit number E/147/2012, Senator Uba approached the court as an interested party/appellant saying that the two properties in question were bought for him by the said Major Okwuosa from Chief R. O. Nkwocha family at N250 million.
But in a 26-paragraph counter affidavit opposing Uba’s motion dated October 19, 2012, Prince Eze’s counsel, Orakwue, told the court that Uba was not the owner of the two immovable properties but Okwuosa, who had his interest duly registered in the names at the Lands Registery vide irrevocable power of attorney and Deed of Assignment.
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