AN Upper Area Court in Plateau on Wednesday struck out a suit filed by Mr. Auwal Garba, a transport worker, contending the ownership of a piece of land with a transporter, for lack of merit.
Malam Yahaya Mohammed-Kanam, the Judge at the Kassuwa Nama Upper Area Court, Jos, said that the plaintiff failed to prove his case against Mr. Aikido Ibrahim with substantial evidence, therefore struck out the suit
Mohammed-Kanam said, “considering the reliefs sought by the plaintiff (Garba) especially item on the recovery of his own portion of land from the defendant (Ibrahim) is not in any way proven.
“The plaintiff did not establish to this court how he came about the co-occupational possession of the land subject matter of dispute.
“The only element that evidence of Garba contemplates is persuading the court that working in the NTA motor park is his only source of livelihood.
“The question of ‘means of livelihood’ is an emotional one, though not even supported with evidence in the instant scenario, and this court is not acting and deciding matters on emotions.
“Consequently, looking at the case in its entirety, the plaintiff has failed woefully in proving any element of his claim to entitle his judgment.
“The issued framed by the defendant’s counsel is hereby resolved in the negative,” the Judge declared.
Mohammed-Kanam further declared, “the effect of failing to prove a claim is the dismissal of same by the court, therefore, the claim of the plaintiff is hereby dismissed.”
News Agency of Nigeria (NAN) reports that the court awarded N50,000,00 costs against the plaintiff for instituting a baseless claim against the defendant.
“Accordingly, the plaintiff is hereby restrained forthwith from operating in the NTA motor park Jos premises under the occupation and possession of MALGAM Transport for the time being, except with the approval and authority of the occupiers,” the judge declared.
NAN reports that Garba had on Sept. 23, 2019, instituted a civil summon against Ibrahim, the Jos NTA Motor-Park’s NUTRW Chairman, for a recovery of his (Garba) purported portion of land from the defendant (Ibrahim).
Garba had claimed that one Alhaji Ahmed Muazu allocated a plot of land to him, the defendant and three others to operate transport activities at the NTA Motor-park but that Ibrahim dispossessed him of his own share.
He then urged the court to order Ibrahim to return his plot to him because working in the Park was his only means of livelihood.
However, Ibrahim, through his Counsel, Mr. N.E. Jesse, debunked Garba’s claim and averred that there was no truth in his (Garba’s) submission.
The defendant told the court that the said plot of land was allocated to him and five others, in the name of AMALKAM Transport, through an agent, Achoru, and Associate.
Ibrahim provided as evidence, a Tenancy agreement, Rent receipts, Certificate of Registration of business, and tenancy demand notices issued to AMALKAM Transport.
He told the court that the plaintiff was an ordinary employee, who was sacked in 2015 because he (Garba) was allegedly arrested with weapons.
Ibrahim had urged the court to dismiss the case for lack of merit and to award a cost of N200, 000 to him. (NAN)
– Aug. 12, 2020 @ 18.49 GMT |