From Yakubu Busari ,Jos
A Senior Magistrate court ,Kasuwa Nama in Jos North Local Government Area of Plateau State has remanded a land dealing syndicate, Mr Samuel Kasuwa in correctional center for the dubious act duping two proposed land buyers in the sum of four million naira.
The land dealer was accused of parading himself as a property developer and issuing fake receipts to his victims.
Mr Kasuwa was arrested on October 6, 2020, based on contempt of court order wherein the police traced his whereabouts and issued a bench warrant that was granted to two complainants, Umar Suleiman and Hassan Yahaya Mohammed, who filed a suit challenging the accused person (Samuel Kasuwa & his company, Ron Property Nigeria limited for defrauding them .
The plaintiffs/ complainant alleged that Mr Samuel Kasuwa told them of a landed property worth 20 million naira and took them to a wrong land claiming it belonged to him and they paid N4 million as deposit.
However, when the case came up September 18, 2020 for mention the defendant wasn’t present in court and was represented by a client that put in appearance .
The plaintiffs Counsel, Barr N.B. Haroun opposed to the defendant s’ counsel O.E.Achi application by filing a 5 paragraphs affidavit dated October 10, 2020.
According to him, he placed reliance on all the counter affidavit and further submitted that with due respect the defendants were properly served which is contained in the bailiff record and endorsed in court.
Haroun explained that at the first sitting when the matter came up for mention on August 21 ,2020, “ My Learned colleague was in court and put in an appearance for the 1st defendant and we jointly adjourned to 4th of September, 2020 to enable us effect service on the second defendant and the 1st ,and 2nd defendants chose not to appear.”
He told the court, “that the 1st defendant is equally the 2nd defendant because he is the CEO but when the case came up on the 15th September, 2020 we further adjourned that is the reason for issuance of bench warrant.”
Barr Haroun submitted that Kasuwa was in court on Monday because a Federal government agency brought him, “so it is our submission to the court that the defendant can’t be trusted to come to court, we need the assistant of the court.”
He submit that the application has been taken but he was arrested so setting aside the bench warrant would affect the proceedings , more so that the case hasn’t been mention or plead was not taken .
Defendant counsel Barr O.E Achi said he had a motion on notice dated 25th September, 2020 and that the same has been served on the complainant counsel.
He disclosed that the motion contain 6 paragraphs served along a counter affidavit and urged the court to grant the application seeking the court to set aside the bench warrant of the accused who is under detention on grounds that neither him nor his client was aware of the service instituted on the next adjourned date.
He submitted; “We are not aware of the slated date for the hearing that is the reason why none of us appeared because the originating surmount was not serve on us yet but was served on the staff of the accused person.”
