By Abdallah el-Kurebe, Editor
A Sokoto state High Court has ordered MTN Nigeria Communications Limited and INT Towers Limited to pay one Yahaya Dan Zaria the sum of N3,777,077.78 being rent accrued between 2007 and 2017.
Presiding Justice Bello Duwale, in a Court Order issued on February 8, 2019, also ordered MTN and INT Towers, who were Defendants in suit No. SS/38/2017 to pay the sum of N300,000 as general damages to Dan Zaria, who was Plaintiff in the same case.
“It is hereby ordered as follows: That the sum of N3,777,077.78, less the withholding tax be paid to the plaintiff by the defendants being the accrued rent arrears of the plaintiff’s premises I.D.I.H.S SOK/0755A from 2007 to 2017.
“That the sum of N300,000 be paid to the plaintiff by the defendants as general damages for trespass,” the Order read.
The Court further ordered that the continued stay by MTN and INT Towers on the land amounted to trespass.
“The continued stay of the defendants on the plaintiff land after the expiration of their lease agreement on 31st March, 2017 constitutes an act of trespass.”
It therefore restrained MTN, INT Towers and their servants or agents from further trespassing on the premises.
“The defendants and their servants or agents are hereby restrained from further acts of trespass on the plaintiff’s premises.
“That 10% post judgement interest on the sum of N3,777,077.78 less the withholding tax be paid to the plaintiff by the defendant.
“I also award the sum of N300,000 to the plaintiff as the cost of the action,” Justice Duwale.
In another Court Order dated May 23rd 2019, following a Motion on Notice seeking stay of execution of the judgement delivered on February 8, 2019, Justice Duwale refused the application.
Intending to appeal the judgement, MTN Nigeria Communications Limited filed a Motion on Notice on March 29, 2019 praying for stay of execution.
“An Order staying the execution of the judgement delivered by this Honourable Court on 8th February, 2019 in suit No. SS/38/2017 pending the determination of the Appellant/Applicant’s appeal to the Court of Appeal, Sokoto Division.”
However, Justice Duwale refused the application and ordered that MTN paid the said accrued rent into a bank account in the name of the Chief Registrar of the Court.
“The judgement debtor sum is ordered to be paid to the 1st Respondent (Yahaya Dan Zaria) by the Applicant and 2nd Respondent in Order(1) 1 and 4 shall be paid in an interest account in the name of the Chief Registrar High Court of Justice Sokoto pending the determination of the Appeal. Application for stay is refused,” the court ordered.
