Justice Mohammed Madugu of the FCT High Court in Bwari, on Tuesday, dismissed a suit of trespass filed by two businessmen.
The judge, in his ruling, maintained an earlier judgement by the Court of Appeal, on the same matter.
Madugu, gave the ruling following an application, filed by two businessmen, Mr Adeyinka Badewa and former Managing Director of Polaris Bank, Mr Innocent Ike.
The claimants’ counsel, Mr Christian Oti is seeking an order of perpetual injunction, restraining the defendant, Ms Asabe Waziri’s claim to a two-bedroom property in Abuja which she purchased from Abeh Signature Ltd promoted by property developer.
The judge held that suit : no: FCT/CU/3261/2022 was dismissed for abuse of court process and that the court could not struggle for jurisdiction with the appellate court.
He held that the claimants, in their application, failed to provide the court with evidence in the affidavit of the motion and failed to show source of information they provided before the court.
The judge also noted that the court, having examined the certified copy of an earlier judgement on the matter by the Court of Appeal, would lead to futility and a mere legal exercise that may jeopardise the reputation of the court.
He said: ” That Justice O.A.Othman of a FCT High Court, Apo, in a suit no: FCT/ CV/2435/ 2021 between Abeh Signature and Asabe Waziri declared the defendant an illegal owner of the said property.
” However, having examined the certified true copy of the judgment by the Court of Appeal no: CA/ABJ/CV/ 246/2022, as tendered by the 1st defendant’s counsel on May 27, 2022, It is evident that the defendant in this suit is the bonafide owner of the apartments.
” These are flats 3B and 3C, both being a two-bedroom flats with boysquarters, situated at Abeh Signature Apartments in Maitama.
” The Court of Appeal pronounced the 1st defendant as the legal owner of the apartments and overturned the first order by O.A. Othman.
” Any further hearing on this suit would be futile and a mere legal exercise, therefore, this court should refrain from wasting its time on this matter,” the judge held.
*Source: NAN
