Land Dispute: Appellants Ask Enugu Court to Suspend Judgment Enforcement

Enugu

A fresh legal twist has emerged in the long-running dispute over Obunagu Obeagu communal lands in Awkunanaw, Enugu South Local Government Area, as appellants in Suit No. E/939/2020 have formally called on the Chief Registrar of the Enugu State High Court to halt any execution of judgment pending the determination of an appeal before the Court of Appeal, Enugu Division.
In a letter dated January 20, 2026, and addressed to the Chief Registrar, solicitors to the appellants—Messrs Friday Nnanna Ani, Hon. Chukwudi Nnaji, Mr. Sunday Nnamani, Elder Anthony Ani and Chief Ikechukwu Ogbodo—warned against any move to enforce the judgment delivered by the Enugu State High Court while an appeal is already pending.
The appellants, who are acting for themselves and on behalf of the people of Obunagu Obeagu Awkunanaw (excluding the respondents), are challenging the judgment delivered on June 17, 2025, by Hon. Justice H. O. Eya, which was entered in favour of the defendants, now respondents at the Court of Appeal.
According to the letter signed by R. O. C. Okorie, Esq., Managing Partner of the law firm representing the appellants, the dispute centres on what the appellants described as “illegal dealings” with Obunagu Obeagu communal lands by persons named as defendants in the original suit.
Dissatisfied with the trial court’s decision, the appellants filed a Notice of Appeal containing five grounds on August 13, 2025, seeking an order of the Court of Appeal to set aside the judgment. The notice, the solicitors said, was duly served on the respondents.
The lawyers further disclosed that Appeal Form 6 for the settlement of records, scheduled for January 27, 2026, had also been served on the respondents, with proofs of service attached to their correspondence.
However, the appellants alleged that despite the subsisting appeal, the respondents are making moves to obtain an execution order to enforce the judgment of the lower court, a development they described as a violation of due process and the rule of law.
“We humbly call on you to use your good office to halt the said execution order so as to preserve the res in view of the pending appeal and in the best interest of justice,” the letter stated.
The appellants emphasized that the preservation of the subject matter of litigation is fundamental to the appellate process, warning that executing the judgment while the appeal is pending could render the appeal nugatory.
They also cautioned that such action could fuel tension within the community, undermine confidence in the judiciary, and encourage self-help, with attendant risks of breach of peace.
In the circumstances, the appellants urged the Chief Registrar to ensure that no execution order is issued or enforced in respect of the judgment until the Court of Appeal has determined the appeal.
A copy of the letter was also forwarded to the Chief Judge of Enugu State, Hon. Justice A. R. Ozoemena.
As of the time of filing this report, there was no official response from the Enugu State High Court or the respondents to the appellants’ claims.

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