By Our Correspondent
THE Awka division of the Court of Appeal presided by Justice C.E Nwosu- Iheme has granted an injunction and stay of execution of the judgement of a High Court that allowed the executive members of New Auto Spare Parts Market Dealers Association, Nkpor, Idemili North Local Government Area of Anambra State the right to construct new shops on top of the existing ones.
The leadership of the market headed by Elisius Umeozor had announced plans to construct 1008 shops on top of the shops without the consent and approval of the owners.
The shop owners, however, objected to the decision of their leaders on the ground that the foundations of the shops were not originally meant to carry anything on top.
Besides, they argued that it is not within the powers of the market executive leadership to construct shops on top of the existing ones without of the consent of the owners since the shops belong to them individually.
They also argued that doubling the number of shops in the market would distort the approved plan and cause human and vehicular congestion for both the traders and their customers.
They regretted that the chairman of the market, Elisius Umeozor had announced his concluded plans to construct more shops during a meeting on 21st May 2021 after his re-election in Feb 2020 without their consent.
As the leadership of the market insisted on having its way, the shop owners in June 2021 staged a protest over the decision which they considered as an illegality.
Following the judgment granted by High Court of Anambra State, Ogidi division delivered by Hon. Justice P.C. Obiorah in a suit between Chief Paul Emerah & 9 ors for themselves and on behalf of shop owners association of New Auto Spare Parts dealers against Chief Elisius Umeozor & 3 ors for themselves and on behalf of other members of the executive officers of New Auto Spare Parts Dealers Association Nkpor, the shop owners appealed the judgement.
Subsequently, the appellate court restrained the executive members of the market from “erecting or constructing in any manner, howsoever, of any shop/structure on top of each of the 1,008 shops at the New Auto Spare Parts Dealers market, Nkpor, pending the hearing and determination of the appeal.”
No date has been fixed for the hearing of the matter
