Exclusive: Daughter seeks interlocutory injunction, restraining five biological relations from selling late father’s compound in Warri

One Mrs. Jane Tosan Ibiaipribo Samuel (Nee Omabuwa) said to be the daughter of a certain late John Kaneye Omabuwa, has approached the Customary Court of Delta State, in the Warri South Area Customary Court, holden at Warri, to seek interlocutory injunction, restraining Mrs. Linda Oritsetsemaye Erikpara, Mr. Johnson Amaruntoritsero Omabuwa, Mrs. Ovakporaye Omabuwa, Augustine Omabuwa and Thompson Omabuwa (Defendants) all of whom are biological relations to her, from selling her late father’s (John Kaneye Omabuwa) compound at No. 3 Ejuri Street, Egbokodo Itsekiri Warri, in Warri South Local Government of Delta State, “pending the determination of the substantive suit.”

She is also praying the court, to grant: “An order of perpetual injunction, restraining the defendants, their agents and/or privies”, from selling the said compound situated at No. 3 Ejuri Street, Egbokodo Itsekiri Warri, Warri South Local Government Area of Delta State.

The Plaintiff, Mrs. Jane Tosan Ibiaipribo Samuel, asserted that her late father, John Kaneye Omabuwa, lived in the said compound at Egbokodo Itsekiri, which he owned, before he died and was buried.

In the Suit no: WBACC/139/2023, before the Customary Court, Mrs. Jane Tosan Ibiaipribo Samuel, on behalf of the children of late Mr. John Kaneye Omabuwa, from the gate of Mrs. Christiana Omabuwa, declared that the compound at No. 3 Ejuri Street, Egbokodo Itsekiri, Warri: “Is a family compound belonging to the members of the deceased, John Kaneye Omabuwa family and cannot be shared amongst the children of the said Omabuwa family, under Itsekiri native law and custom.”

Findings, revealed that Mrs. Christiana Omabuwa, is the first wife of late John Kaneye Omabuwa and lived together with her husband, Mr. John Kaneye Omabuwa in the said compound, before John Omabuwa’s demise.

This Newspaper also gathered that Mrs. Christiana Omabuwa (Mother of the Plaintiff, Mrs. Jane Tosan Ibiaipribo Samuel) is being told by the defendants, to move out from her matrimonial home at No. 3 Ejuri Street, Egbokodo Itsekiri, Warri, on the excuse that she is not the mother of Johnson Omabuwa (2^nd Defendant).

Mrs. Christiana Omabuwa, also has a son named Toju Omabuwa, for the deceased, late John Kaneye Omabuwa, while Mrs. Ovakporaye Omabuwa (the 3^rd Defendant) an Urhobo woman, was married to late John Omabuwa, but never lived with him in the contentious property.

Fresh Angle International understands that the late Mr. John Kaneye Omabuwa, who died intestate (without a will) was the father of Mrs. Jane Tosan Ibiaipribo Samuel and the 2^nd defendant (Mr. Johnson Amaruntoritsero Omabuwa) While the 4^th defendant (Augustine Omabuwa) and 5^th defendant (Thompson Omabuwa) are members of the Omabuwa family.

Mrs. Jane Tosan Ibiaipribo Samuel, alleged that Augustine Omabuwa and Thompson Omabuwa, set up machinery in motion and purportedly shared the properties belonging to the estate of the late Mr. John Kaneye Omabuwa, amongst the three gates of the deceased.

Augustine Omabuwa and Thompson Omabuwa, reportedly shared the house/compound where the late Mr. John Kaneye Omabuwa lived, died and buried at No. 3 Ejuri street, Egbokodo Itsekiri, Warri to Mr. Johnson Amaruntoritsero Omabuwa, son of the deceased.

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