The Children of a former Chief of Army Staff, LT. Gen. Luka. N Yusuf have taken their maternal uncle Mr. Emmanuel Yusuf before a Kaduna District Court, sitting in Kaduna over a property.
The children are in court seeking recovery of their father’s property presently occupied by their maternal uncle.
A Suit No. KDC/734cc/21 filed by Bilhatu Beauty Yusuf on behalf of other siblings, summoned the defendant to appear before the court on December 23, 2021 to answer the claimant’s claim to recover possession of a detached duplex and all the other developers/improvements of property No. 15, Bourmediene Road, Narayi High cost, Kaduna.
The suit supported by a claim filed by Barrister D.B. Kwajaffa, of MESSRS HALI CHAMBERS stated that the claimant is entitled to the possession of premises situated at No. 15, Bourmediene Road, Narayi High Cost, Kaduna, which the defendant occupies as a licensee and which licence was revoked on October 25, 2021.
“The claimant did serve on the Defendant a notice in writing of her intention to apply to recover possession of the said premises, by personal service; and that, notwithstanding the said notice, the defendant has refused, failed or neglected to deliver possession of the said premises and still detains the same”, the suit read in part.
The suit supported by 20 paragraph counter affidavit deposed by the Asst. Litigation Officer Of MESSRS HALI CHAMBERS, Suleiman Abdullahi, stated in paragraph nine that the defendant/objector was permitted to use the premises by the late mother of the claimant/ respondent, Mrs. Bilki Mary Yusuf.
The affidavit further stated in paragraph 14 that sometimes in 2017, when the defendant/object wanted a bigger house in order to ingratiate his fourth wife, Mrs. Yetunde Kakulu, he put pressure on the late mother of the claimant/respondent to permit him to move into No. 15, Bourmediene Road, Narayi High Cost, Kaduna with Mrs. Yetunde Kakulu, the mother of the claimant then permitted the defendant/Objector the premises without having to pay rent.
Paragraph 10 added, that the defendant who was a magistrate up to 2018, when he retired, did not render any service to the estate of the late Lt. Gen. LN Yusuf as a legal practitioner or in any professional capacity, because he was in the public service of Kaduna State.
Similarly, paragraph 16 of the Affidavit explained that there was no understanding howsoever and no reason whatsoever for the defendant/objector to exercise any lien over the premises because he was not owed any sum at all by the estate of Late Lt. Gen. LN Yusuf, and the late mother of the claimant/respondent did not ask the defendant/ objector to occupy the premises because he was owed any sum.
However, in a preliminary objection filed by his counsel, Patrick Buki Achi, of B.E Gwadah &CO on December 20, 2021, the defendant seeks for an order striking out the suit for want of jurisdiction.
The defendant said in his affidavit in paragraph 11, that thereafter, he and Late Bilki M. Yusuf, mother to the claimant, agreed she will compensate him with N25, 000,000.00 for his tireless efforts in recovering her late husband’s properties though not documented.
“That the money was not forthcoming from my elder sister, Late Bilki M. Yusuf so at a point she told me to move into the property which is the subject matter of this suit until the time she will be able to pay me the N25, 000,000.00.”
Meanwhile, the Case has been adjourned to February 1, 2022.
Written By Obioma Ezenwobodo Esq
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