An Ekpoma high court Judge, Justice J.O. Okeaya-Ineh, has taken a swipe at a litigant over abuse of court process in a civil land matter she filed against an industrialist, Mr Gregory Okosun.
The litigant, Mrs Kate Robert, Nee Okosun, a UK-based public servant, is suing Okosun, his elder brother, over alleged unlawful possession of a parcel of land in Ekpoma.
Mrs. Robert drew the ire of the Judge, at the resumed hearing of the matter on Wednesday, when her lawyer, Mr R.E. Orupke, sought for an adjournment of the case, saying neither his client nor his witnesses were in court.
The defence counsel, Mr Pius Oiwoh, who objected to the request for adjournment argued that he was ready to proceed with the case that had suffered several adjournments at the instance of the plaintiff.
Oiwoh informed the court that the plaintiff had also filed several other court processes she had also abandoned, and urged the court to refuse the plea for adjournment.
He argued that the plaintiff was obviously trying to abuse court process and waste the defendant’s resources.
The defence counsel, however, submitted that if the court was willing to concede to the plaintiff counsel’s plea, he would be asking for N100,000 as cost.
Consequently, the Judge, asked the plaintiff counsel why his client and witnesses were absent from court, having been sufficiently informed of the day’s hearing.
The Judge warned the plaintiff and her lawyer, who could not provide a convincing answer to the court’s query, for abuse of court process and the apparent delay tactics being employed in the matter.
Okeaya-Ineh then ordered the plaintiff to pay the defendant, N20,000 as cost before the next hearing date of July 5.
The plaintiff, In the suit no.HEK/53/2017, wants the court to declare her as the rightful owner of the said parcel of land measuring 50ft by100ft.
The claimant is also asking the court to award N10 million as special and general damages she suffered when the defendant allegedly trespassed the land without her consent.
But the defendant, an industrialist, denied the allegations and added that the claimant and one of the listed witnesses, Prof. Celestina Isiramen, of Ambrose Ali University, Ekpoma, were his half-sisters.
He averred that their father, Chief B.I.Okosun, the patriarch of the Okosun dynasty, died interstate in 1973.
The defendant averred that he became the head of the Okosun clan, after the final burial of their late father in December, 1982.
According to him, he shared their father’s property among the children as head of family in line with Esan native law and custom.
He however, averred that the claimant, in connivance with Isiramen, had tried to acquire from the backdoor, the disputed parcel of land.
The defendant further averred that he had also sued both his half-sisters at an Ekpoma high court, claiming N50 million as damages for alleged trespass.
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