From: Noah Ebije, Kaduna
A Kaduna High Court, on Monday, adjourned the suit involving the North West Zonal Vice Chairman of All Progressives Congress (APC), Alhaji Inuwa AbdulKadir, and the Attorney General of Kaduna State, over the demolition of a property in Kaduna metropolis.
It would be recalled that on April 5, while the motion was pending, the defendant was reported to have moved into the said property with bulldozers, mobile police officers and other security agencies and pulled down the entire structure belonging to the APC Chieftain.
While asking for an adjournment, Barrister Festus Okoye, counsel to the plaintiff prayed for adjournment in order to reappraise the case because of new developments.
In the circumstance, Barrister Okoye pleaded with the court for an adjournment in view of fact that the defendant has demolished the property, despite being aware of the pendency of the suit and the order seeking for injunctive relief.
Also, State Counsel, Fatima Hassan, apologised to the court for the inability to file a defence. She said that they had written to Kaduna State Urban Development Agency (KASUPDA) to adequately brief them about the matter but up till now they have not got a response.
Presiding judge, Justice Mohammed Tukur Aliyu, adjourned the matter till May 22.
Barrister Okoye recalled that there were three declaratory reliefs before the court and they include, KASUPDA does not have the right to demolish the plaintiff’s property.
Okoye matained that his client has satisfied all legal requirements to be issued a planning permit and that having done so, the court should compel KASUPDA to issue the said permit.
He further said that his client is asking the court to restrain KASUPDA from further demolition of the said property, adding that the plaintiff also demanded for the payment of N2.5 million as damages for the demolition that was already done and N3 million as general damages.
‘’On the 5th day of April, while this motion was pending, the defendant moved into the said property with bulldozers, mobile police officers and other security agencies and pulled down the entire structure,’’ Okoye said.
According to him, ‘’it is an axiomatic fact that after a defendant has been notified of a pendency of a suit seeking for an injunction against him or her, all actions relating to the matter mist cease, pending to the hearing of the said motion on notice.’’