The children of the former Chief of Army Staff, Lieutenant-General Luka N Yusuf, have dragged their maternal uncle, Mr Emmanuel Yusuf, before a Kaduna District Court, seeking recovery of their father’s property currently being occupied by him.
A Suit No. KDC/734cc/21 filed by Bilhatu Beauty Yusuf on behalf of other siblings summoned Defendant to appear before the Court on the 23rd Day of December 2021 to answer the claimant’s claim to recover possession of a detached duplex and all the other developers/improvements of property No. 15, Bourmediene Road, Narayi High cost.
The suit supported by a claim filed by Barrister DB Kwajaffa, of MESSRS HALI CHAMBERS, stated that the Claimant is entitled to the possession of premises situated at No. 15, Bourmediene Road, Narayi High Cost, Kaduna, which the Defendant occupies as a licensee and which licence was revoked on the 25th day of October 2021.
“The Claimant did serve on the Defendant a notice in writing of her intention to apply to recover possession of the said premises, by personal service; and that, notwithstanding the said notice, the Defendant has refused, failed or neglected to deliver possession of the said premises and still detains the same”.
The suit was supported by twenty paragraph Counter Affidavit deposed by the Asst. Litigation Officer Of MESSRS HALI CHAMBERS, Suleiman Abdullahi, stated in paragraph Nine that the Defendant/Objector was permitted to use the premises by the late mother of the Claimant/ Respondent, Mrs Bilki Mary Yusuf.
The affidavit further stated in Paragraph 10, that the Defendant who was a magistrate up to 2018, when he retired, did not render any service to the estate of the late Lt. Gen. LN Yusuf as a legal practitioner or in any professional capacity because he was in the public service of Kaduna State.
Going further, the Affidavit In paragraph 11 noted that Defendant deducted all the commission due to him from the estate of the late Lt. Gen. LN Yusuf on account of the collection of rent from the tenants of the properties mentioned in exhibit C attached to the affidavit in support of his preliminary objection.
Similarly, paragraph 16 of the Affidavit explained that there was no understanding howsoever and no reason whatsoever for the Defendant/Objector to exercise any lien over the premises because he was not owed any sum at all by the estate of Late Lt. Gen. LN Yusuf, and the late mother of the Claimant/Respondent did not ask the Defendant/ Objector to occupy the premises because he was owed any sum.
However, in a preliminary objection filed by his Counsel, Patrick Buki Achi, of B.E Gwadah &CO on 20th December 2021, Defendant seeks an order striking out the suit for want of Jurisdiction.
The defendant said in his affidavit in Paragraph 11, that thereafter, he and Late Bilki M. Yusuf, Mother to the Claimant, agreed she will compensate him with N25,000,000 for his tireless efforts in recovering her late husband’s properties though not documented.
“That the money was not forthcoming for my elder sister, Late Bilki M. Yusuf so at a point she told me to move into the property which is the subject matter of this suit until the time she will be able to pay me the N25,000,000.00.”
Meanwhile, the Case has been adjourned to 1st February 2022. (Daily Independent)