NAF vs Barakallahu community: Court dismisses appeal to re-open defence

Justice Isah Aliyu Ancau of the Kaduna State High Court 8 has dismissed an application filed by Counsel to the Nigerian Air Force (NAF), Sabo Samaila, to re-open defence on the suit over a piece of land lying and situated at Kauyen Lima, Rigachikun, Igabi local government area of the state measuring 74.436 hectares between […]

Justice Isah Aliyu Ancau of the Kaduna State High Court 8 has dismissed an application filed by Counsel to the Nigerian Air Force (NAF), Sabo Samaila, to re-open defence on the suit over a piece of land lying and situated at Kauyen Lima, Rigachikun, Igabi local government area of the state measuring 74.436 hectares between the NAF and five members of the community.

When the case came up on Wednesday, the Presiding judge, Justice Isah argued that the defendant counsel had been given ample time to open their defence even when the case was closed adding, “It will be injustice to allow the defendants to file new documents which they had available earlier when they were opening their case.”

He further noted that the defendant counsel was given fair hearing in his view saying, “They have not made a case for the opening of their defence or the amendment of their submissions.”

He stressed that re-opening the case will delay the matter unnecessarily which will not be in the interest of justice noting that the relief are not granted but dismissed.

Justice Isah then adjourned ruling on the land matter indefinitely saying, “Judgement is reserved and will be communicated when it is ready.”

The defendant’s counsel, Sabo Samila, said he has taking the ruling in good faith while the plaintiff’s counsel, Levi Shaapera, Esq thanked the court for dismissing the relief.

However, according to the plaintiffs’ final written address, “They are seeking for a declaration by the court that they are the persons rightfully entitled to the property rights on the said piece of land measuring 74.436 hectares the boundaries of which are delineated red in the Survey Plan attached to the title.

“A declaration stating that the defendants have no right to compulsorily acquire over the plaintiffs’ said piece of land except in a manner provided by law especially section 28 and 29 of the Land Use Act 1978 which the defendants have not complied with.

“That the defendant’s entry into and fencing of the plaintiffs piece of land with a view to taking it over or acquiring it amounts to trespass and an order directing the defendant to vacate and deliver up possession of the plaintiffs’ said piece of land to the plaintiff forthwith.

“An order of perpetual injunction restraining the defendants or their agents from further entering into the said piece of land and N50 million compensation for general damages for the defendants trespass on the plaintiffs land.”