Committal proceeding: Court fixes Sept. 8 to hear JB GM’s objection



An FCT High Court fixed Sept. 8 to hear a preliminary objection filed by  Lars Richter,  General Manager,  Julius Berger Plc a committal proceeding.


NPower

The News of Nigeria (NAN) reports that Committal proceedings are court hearings held the Magistrates’ Court to decide whether there is sufficient evidence against an person charged with a serious criminal offence to order them to face trial a higher court.

Nonso Ofole had instituted a suit against Richter,  GM of Julius Berger Plcz,  alleging that land at Jabi Shooting Range, Abuja was taken over from him by the company.

Ofole  claimed that Richter refused to obey the judgment of a trial court as well as that of the Appeal court.

Justice Salisu Garba fixed the date after Richter’s (judgment debtor)counsel prayed the court to hear client’s preliminary objections on the committal proceeding.

Ofole, through counsel,  John Ainetor stated that he filed a motion.

Ainetor said the motion was filed alleged  disobedience to the order of the court by Richter.

response, Richter’s counsel,  Dokto Haruna told the court he filed a motion challenging the competence of

Haruna added that the motion is grounds that the land dispute had been revoked by the FCT Minister.

He said that Ofole had no   ‘locus’ (right ) to exercise on the said land based on this.

Ofole through two companies,  HuntAfrica Events Ltd and Rose Crown Industries Ltd filed a suit against Julius Berger Nigeria Plc on Dec. 11, 2013.

The suit was for a declaration of land,  restoration of possession, claim for  special damages and exemplary damages.

Judgment was entered favour of the plaintiffs against the defendant before Justice Sadiq Umar, (formerly of the FCT High Court, Abuja, now Justice, Court of Appeal) dated June 16 2017.

Justice Umar that judgment held:””It is hereby declared that the Ist plaintiff is entitled to the possession and use as Recreational Centre all that portion of land of about 1000square metres adjoining Julius Berger Shooting Ranger, Jabi, Abuja.

” By virtue of the of temporary approval to develop a Recreational Centre dated May 25, 2011 with reference number AMMA/P&R/S. 420, approved by Metropolitan Management but subject to the Right and Power of the Minister of FCT under laws of Nigeria”.

On Oct 25, 2018,  a three- panel of Court of Appeal affirmed the judgment of the trial court. (NAN)