By Edith Nwapi
Abuja – An FCT High Court, Maitama, on Tuesday granted leave to one Collins Massadey, to re-open his case in the suit filed against him for allegedly issuing N5.2 million dud cheque.
The judge, Justice Salisu Garba, granted the leave after listening to the submissions of the defendant’s counsel, Mr Jimoh Musa, seeking the leave of court to re-open the case.
“ After my perusal of the affidavit in support of the application, I hereby grant the application.
“ The defendant must bring all his witnesses at the next adjourned date, the case is adjourned until Oct. 10 for the defendant to re- open his case, “ he ordered.
At earlier sitting, the prosecuting counsel, Mr Samuel Okeleke, had told the court that sometime in 2009 in Abuja, one Mr Micheal Ibeh, a car dealer, asked the defendant (Collins Massadey) to supply him cars.
Okeleke said that Ibeh paid the defendant N40.5 million for the cars, but Massdey supplied cars valued at N33.3 million, leaving a balance of N7. 2million.
He told the court that when it was evident that the defendant was not ready to supply the remaining cars, Ibeh demanded for a refund of the balance.
Okeleke said that the defendant then issued a cheque, worth N5. 2million, which when presented to the bank was found to be a dud cheque.
He said that the offence contravened Section 1 (2) of Dishonour Cheque Offences Act, Laws of the Federation, 2004.
At the resumed sitting on Tuesday, Okeleke told the court that the case was for adoption of final addresses, the defence having been foreclosed in May 10, after several adjournments in his instance
He said that he was served with a motion on notice last Friday by the defendant, praying the court to re-open his case, “though our final written address is ready we are not objecting to the application.’’
The defence counsel, Mr Jimoh Musa, told the court that he filed the motion for leave to re-open his case on June 16 and also to call witnesses and prayed the court to grant his prayers.