KADUNA – Two witnesses on Monday testified and presented evidence in a case instituted by a woman, Mrs Bathsheba Halid, challenging the demolition of her N17.7 million house by Kaduna State Government.
The case was filed in 2013 against the Kaduna State Urban Planning and Development Authority (KASUPDA).
The plaintiff is asking the court to declare KASUPDA an illegal entity, as it was not established by law and therefore, its operations and actions were also illegal
The plaintiff also wants a declaration that the demolition violated the Kaduna State Urban Planning and Environmental Protection Agency Edict of 1991.
The first witness, Sunday Adamu, told the Kaduna High Court II, presided over by Justice Dogara Malam, that the land on which the property was built belonged to his family and was sold to the plaintiff at N1 million.
He said the transaction for the transfer of ownership was formalised after the payment of the money.
Adamu tendered the document for the transaction, which was admitted as exhibit by the court as evidence of land purchase and sales agreement.
The second witness presented by the plaintiff, Abdullahi Mohammed, a Principal Partner of Alternative Action, a quantity survey firm, said he was the quantity surveyor during the construction of the building.
He also confirmed the document forwarded to the court as endorsed by his firm.
Mohammed said the property was billed to cost N22.9 million on completion but by the time it was demolished, it had gulped over N17.7 million.
Cross examining the witness, counsel to the defendants, Sanusi Usman, argued against the qualification of the surveyor to endorse any document.
The judge, however, admitted the documents as evidence and adjourned the case to Nov. 25 when two more witnesses, Jibril Aliyu and Yahaya Kawo, would appear for the plaintiff.
The woman had informed the court that she had fulfilled all conditions for the development of the property and was never issued any “stop work” notice for contravention of any development law nor sued for trespass.
The plaintiff had asked the court to declare that KASUPDA was not established by any of the Laws of Kaduna State and had no statutory existence or powers to control the use and development of land or to demolish the plaintiff’s property.
.
Joined as defendants in the suit are Saratu Haruna, the General Manager of KASUPDA, the state Governor and the Attorney-General and Commissioner of Justice. (NAN)
