By; JACOB ONJEWU DICKSON
Absence of counsel to Mr. Emmanuel Yusuf, maternal uncle of the children of the late Chief of Army Staff, Lt. Gen. Luka. N. Yusuf stalled the legal proceedings in a matter brought before the Magistrates Court against him by the children of the late Army boss.
The counsel to Mr. Emmanuel Yusuf in a letter to the Court, stated that he was engaged at the Court of Appeal Kaduna Division.
The presiding magistrate after listening to Barrister D.B. Kwajaffa, adjourned the matter to February 22, 2022 For mention.
Speaking to the media outside the court, Barrister D.B. Kwajaffa said it is a normal court procedure to adjourn any matter for counsels who are busy before a higher court.
It would be recalled that the children of the late COAS, Lt. Gen. Luka. N. Yusuf dragged Mr. Emmanuel Yusuf before the court, seeking recovery of their father’s property presently occupied by him.
In a Suit No. KDC/734cc/21 filed by Bilhatu Beauty Yusuf on behalf of other siblings, summoned the Defendant to appear before the Court on the 23rd Day of December, 2021 to answer the claimant’s claim to recover possession of a detached duplex and all the other developers/improvements of property No. 15, Bourmediene Road, Narayi High cost.
The suit supported by a claim filed by Barrister D.B. Kwajaffa, of MESSRS HALI CHAMBERS stated that the Claimant is entitled to the possession of premises situated at No. 15, Bourmediene Road, Narayi High Cost, Kaduna, which the Defendant occupies as a licensee and which licence was revoked on the 25th day of October 2021.
The suit supported by 20 paragraph counter affidavit deposed by the assistant litigation officer (ALO) of Messrs Hali Chambers, Suleiman Abdullahi, stated in paragraph 9 that the defendant/objector was permitted to use the premises by the late mother of the claimant/respondent, Mrs. Bilki Mary Yusuf.
“The claimant did serve on the Defendant a notice in writing of her intention to apply to recover possession of the said premises, by personal service and that, notwithstanding the said notice, the Defendant has refused, failed or neglected to deliver possession of the said premises and still detains the same”.
However, in a preliminary objection filed by his counsel, Patrick Buki Achi, of B.E Gwadah & Co on 20th December, 2021, the defendant seeks an order striking out the suit for lack of Jurisdiction.
The defendant said in his affidavit in Paragraph 11, that thereafter, he and Late Bilki M. Yusuf, Mother to the Claimant, agreed she will compensate him with N25, 000,000.00 for his tireless efforts in recovering her late husband’s properties though not documented.
That the money was not forthcoming for my elder sister, late Bilki M. Yusuf so at a point she told me to move into the property which is the subject matter of this suit until the time she will be able to pay me the N25,000,000.00.”
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