Tuesday, April 15, 2014

Court strikes out suit stopping demolition of Nsofor’s building

Published:

Obinna Nsofor Photo: mtnfootball.com

Nigerian forward, Obinna Nsofor, wanted the court to stop the planned demolition.

A Super Eagles Striker, Obinna Nsofor, might lose one of his property as a suit filed by him to restrain the Abuja authorities from demolishing his building at the Cadastral Zone in Abuja has been struck out by a High Court in Kubwa, Abuja.

The judge, Yusuf Halilu, struck out the suit on the grounds that both the plaintiff and defendants did not comply with procedures that ensured due diligence.

First, Mr. Halilu struck out the plea of the defendant, saying the defendant abandoned his plea.

“Where a defendant abandons his pleading, he is taken as having thrown in the towel and as having admitted the allegations against him in the statement of claim.

“An abandoned pleading becomes moribund and no reasonable court of law has the jurisdiction to revive dead pleadings,” the judge declared.

After striking out the defence’ claims, Mr. Halilu said: “Having struck out the statement of defence, I’m now left with the claims of the plaintiffs.”

Three men- Mr. Nsofor; the agent who sold the land to him, Ishmael Taire; and a building engineer, Gabriel Edamadelen- had petitioned the court on April 17 to stop the authorities from demolishing the property.

But throughout the hearing, Mr. Nsofor and Mr. Taire were absent, with Mr. Edamadelen representing all three plaintiff. This annoyed the judge.

“The plaintiffs before this court filed a joint statement on oath which was signed by the third plaintiff.

“Were the other plaintiffs not meant to be cross-examined?” he queried.

Consequently, he dismissed the plaintiffs claims saying the plaintiffs failed “to prove their case against the defendants to warrant the court granting their reliefs.”

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