The High Court of Imo State sitting in Owerri, the state capital, has in a suit involving Dr. Philip Njemanze vs Governor of Imo states and others, nullified the execution of the judgment delivered against Empire Energy last year. Presiding judge, Justice K. A. Ojiako, who delivered the ruling in the suit with Suit No:
HOW/919/2013, set aside the purported execution of the judgment, delivered by Justice N. B. Ukoha (rtd) last November on Empire Energy, Aba Road as being fraudulent.
The court also awarded costs of N100, 000 against the Deputy Sheriff whose responsibility it is to effect the execution of judgments in accordance with prescribed processes.
The earlier judgment of the case, which is a land dispute, had awarded the land on which Empire Energy station is located to Dr. Philip Njemanze, but Empire Energy approached the court to set aside the judgment on specified grounds.
However, Hon Justice Ojiako faulted the procedural violation in the execution of the eviction process.
He noted that all the judgment execution papers served to Empire Energy to vacate the area must have the signature of the judge since Hon. Justice Ukoha, who delivered the judgment, was now retired.