The Abuja division of the Court of Appeal on Tuesday fixed March 22 for hearing in a property suit lodged against a Senior Advocate of Nigeria (SAN), Mr. J.B Majiyagbe.
When the matter was called, counsel to Majiyagbe, Mr G.O.A Ogunyomi drew the court’s attention to the fact that there were discrepancies in the appeal numbers in the suit.
Mr Chukwuma -Machukwu Ume (SAN), counsel to the appellants prayed the court for a short adjournment to enable him rectify the error.
A three-man panel of the appellate court headed by Justice Abubakar Yahaya, said the error was from the court.
Justice Yahaya asked counsel to proceed to the court’s registry to correct the discrepancy.
“It is hereby ordered that parties in the suit go to the court’s registry immediately to sort out the anomaly in the court processes.
“The suit is adjourned until March 22 for hearing,” the presiding judge held.
The appellants, Mr Samuel Nwosu and Chukwuemeka Anyaoha, dragged the respondents, Majiyagbe and Skye Bank Plc, before a Federal Capital Territory (FCT) High Court over ownership of a property located at Plot 222 Shehu Shagari Way, Asokoro, Abuja.
The News Agency of Nigeria (NAN) recalls that the suit was instituted before Justice A. O. Ebong.
Justice Ebong delivered a ruling on Nov. 30, 2016, on an interlocutory issue that bordered on amending the court process to bring in an interested party in favour of the respondents.
According to the appellants’ brief of argument, Mr. Majiyagbe is their tenant and allegedly owed a year’s rent.
The appellant claimed that Majiyagbe, suddenly issued a letter to his co-tenants telling them that he was now the landlord of the premises and the co-tenants should henceforth pay rent to him.
This development, according to the appellant, was what triggered the legal battle.
The brief of argument further stated that Majiyagbe claimed in his second amended statement of defence and counterclaim that “Sam Total Trade Ltd., who the appellant got the mortgage from, owed N60 million to the second respondent, Skye Bank Plc.
That it was the forfeiture of the mortgage that enabled Skye Bank to sell the house to Majiyagbe.
As a result, the appellants urged the lower court, presided over by Justice Ebong, to join the alleged debtor, Sam Total Trade Ltd, in order to give its own version of the said N60 million debt.
This, the appellant said would also allow them to inform the court of their version of the alleged Deed of Legal Mortgage already pleaded by the first respondent.
The appellants continued in their brief of argument that Majiyagbe and Skye Bank Plc, however, vehemently opposed the appellants desire to bring Sam Total Trade Ltd. into the suit, alleging abuse of court process.
The appellant said that Justice Ebong upheld the objection of Majiyagbe and Skye Bank.
In their grounds of appeal, the appellants pointed out that the trial court erred in its ruling.
In the appellants’ pleadings, they urged the three-member panel of the Appeal Court to declare that Majiyagbe had no right whatsoever to issue his co-tenants any documents claiming that he was the landlord of the property.
The appellants are specifically praying the appellate court to set-aside a ruling of the FCT High Court, which rejected an application they filed to join the alleged debtor, Sam Total Trade Ltd, as an interested party in the case.
The appellants are also seeking an order of injunction restraining the defendant either by himself or by his agent from asserting any right of ownership over the property.
The matter has been adjourned until March 22 for hearing.(NAN)
