Kaduna State Governor, Nasir El-Rufai
A Kaduna High Court has actually nullified the cancellation of the Certificate of Occupancy of Durbar hotel by the Kaduna State Governor, Nasir El-Rufai.
In January 2020, El-Rufai destroyed Durbar hotel, which came from the household of the late Head of State, General Sani Abacha, and withdrawed its C of O while the case was still pending in court.
The Abacha household through their counsel, Dr. Reuben Atabo, as a result dragged the guv and 3 others to the Kaduna High Court commanded by Justice Hannatu Balogun for the “unlawful demolition” of the hotel and cancellation of its C of O.
Joined in the fit number KDH/KAD/51/2020 with the Kaduna guv were the Attorney-General and Commissioner for Justice of Kaduna State, the Kaduna State Urban Planning and Development Agency, and the Kaduna State Geographic and Information Service, according to a The Nation report.
The lead counsel to the Abacha household, had, upon a “Motion on Notice brought pursuant to Order 15 Rules 1 of the Kaduna State High Court (Civil Procedure) Rules 2007 and under the fundamental jurisdiction of the Honourable Court dated and submitted on 17 December, 2020 wished an order setting aside and or nullifying the supposed Notice of cancellation of Certificate of Occupancy No. 177789 in regard of Durbar hotel resolved to Alhaji Mohammed Abacha throughout the pendency of the match.”
He likewise wished “an order setting aside and/or nullifying the cancellation of the title of the Plaintiff/Applicant on the 24 day of January 2020 by the Defendants/ Respondents however gotten on the 29/ 1/2020 throughout the pendency of the action.”
The counsel likewise wished “an order to preserve status quo antebellum previous to the beginning of this action, and for such more order (s) as the Honourable Court might consider fit to make in today situations which turned up for hearing on 30/03/2023 prior to the administering Judge.”
Counsel for the Plaintiff, E.D Izu Esq, moving their application supported by a nine-paragraph affidavit, annextures and a composed address in assistance of the application, sent that the Defendants had actually not had the ability to counter the averments in the affidavit since they were waiting for instructions from the federal government authorities and looked for an adjournment to put their home in order.
In the judgment, the administering Judge, Justice Hannatu Balogun, specified that, “Having heard both counsel, the oral application to remain hearing of the movement dated 17/12/2020 and submitted on the exact same date can not be approved due to the fact that the matter in the Court of Appeal is an appeal versus the grant of leave to modify the Plaintiffs procedures.
” There is presently no stay of procedures in this Court and the Defendants appear not to be thorough in prosecuting their appeal while at the very same time they continue to disobey the Orders of this Court and likewise are attempting to do acts that will bias the opposite. The responsibility of this Court is to guarantee that there is a level playing ground for all celebrations.
” In the situation, the application to remain procedures or adjourning this matter can not be given in the interest of justice and fairness. It is appropriately declined and business of the day will continue.
” I have actually thought about the application to adjourn this matter made once again after the movement has actually been moved and I concur with the Plaintiffs Counsel that the Defendants have actually disappointed authentic. They have actually not rejected the truth that there is tampering of the res by them or others at their circumstances.
” In the scenario, because the application has bearing upon the res and the Defendants have actually not considered it in shape to react to the movement for over 2 years, there is absolutely nothing to reveal that the interest of justice will be accomplished by an adjournment of this matter. The application for adjournment is appropriately declined.
” Having thought about the Plaintiffs movement of 17/12/2020 which is uncontested, I am of the view that the application has benefit in view of the premises of the application, the undisputed affidavit and the Exhibits annexed.
” The Supreme Court and in deed all Courts of the land have actually decried making use of self-help by litigants. It is the task of the Courts to supply an equal opportunity for all celebrations and not enable any side to utilize the judicial system side by side with self-help to the downside of the other.
” On the whole, I approve the Plaintiff’s movement dated 17/12/2020 and nullify the supposed Notice of cancellation of Certificate of Occupancy No. 177789 in regard of Durbar hotel and nullifying the cancellation of the Plaintiff’s title made on the 24/01/2020 and gotten on the 29/ 1/2020 throughout the pendency of this action. The status quo antebellum i.e. previous to start of this action will be kept by all celebrations.”
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