From Godwin Tsa, Abuja
The Abuja division of the Court of Appeal has fixed September 29 for hearing in a property suit brought against a renowned lawyer and former husband to the retired first female Chief Justice of Nigeria (CJN), Justice Mariam Aloma Mukhthar, Mr Jonathan Babatunde Majiyagbe, SAN, and Polaris Bank Limited.
The adjournment on Thursday was occasioned by the reguest by the appellant’s counsel, Chukwuma-Machukwu Ume (SAN), to file a fresh motion bordering on the substance of the appeal and other relevant materials.
Both counsel to the two respondents in the appeal, Dr. George Ogunyomi and Oluwasegun Owa (Polaris Bank) did not opposed to the adjournment.
Consequently, a three- member of the Court of Appeal led by Justice Abubakar Yahaya granted the adjournment.
In 2003, the first respondent, Jonathan Majiyagbe, made history by becoming the fist African to be appointed the worldwide President of Rotary Club.
He is also a former Chancellor of the Anglican Diocese of Kano and former member of Body of Benchers. During the court proceedings, Ume tendered a letter from the Deputy Registrar of the court confirming that the correct number for the appeal was CA/A/541/2018 and not CA/A/112/2018.
The suit was instituted before Justice AO Ebong, who delivered a ruling on November 30, 2016, on an interlocutory issue that bordered on amending the court process to bring in an interested party.
According to the appellants’ brief of argument, Mr Majiyagbe is their tenant and allegedly owed a year’s rent.
However, ‘suddenly, Mr Agbe issued a letter to his co-tenants that he is now the landlord of the same premises and that the co-tenants should henceforth pay their rents to him,’ this development triggered the legal battle, according to the appellant.
While the 1st respondent, Mr Agbe, claimed in his second amended statement of defence and counterclaim that ‘Sam Total owes N60 million to the 2nd respondent, Skye Bank PLC – that it was the forfeiture of mortgage that enabled the 2nd respondent to sell the house to him (Agbe, SAN).’
As a result, the appellants urged the lower court (FCT High 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 debt of N60 million, and for the appellants to inform the court of its version of the alleged Deed of Legal Mortgage already pleaded by the 1st respondent.
But the respondents, Mr Agbe and Skye Bank Plc, vehemently opposed the appellants desire to bring in the necessary party, alleging ‘abuse of court process,’ which Justice Ebong upheld.
In their grounds of appeal, the appellants pointed out that the trial court erred in law when it held that: ‘It is therefore the plaintiff’s claim endorsed on the writ of summons and statement of claim that determines who the necessary parties to the suit are.
The appellants maintained that the court ‘misdirected itself’ in several of its reasonings concerning the ruling.
In the appellants’ pleadings, they urged the three-member panel of the Appeal Court to declare that Mr Agbe has no right whatsoever to issue his co-tenants any documents purporting to claim that the defendant (respondent), is the landlord of the property, Plot 222 Shehu Shagari Way, Asokoro, Abuja.
An order of injunction restraining the defendant either by himself or by his agent, assigns or any person howsoever claiming through him from asserting any right of ownership over the property Plot 222 Shehu Shagari Way, Asokoro, Abuja, or Plot 222 Cadastral Zone A4, Abuja or doing anything that derogates from the 1st and 2nd Plaintiffs (appellants) right of ownership of the property, the appellant prayed the court.