Absence of defendant’s lawyer stalled hearing of a case instituted against management committee of Kaduna Club at Kaduna High Court on Wednesday 8 November 2023.
Members of the famous social and recreational club known as Kaduna Club had dragged management Committee to court over alleged unlawful allocation and conversion of the club’s property to private developers, an action they described as injurious to comfort and peace of daily activity at the recreational center.
The members; Mahmoud Sule, Jubril Akaba, Mustapha Dandago and AbdulGafar Bello as plaintiffs contended that the action of the club’s management committee ran contrary to objectives of creating and incorporating the club for solely providing social, sports and recreational services.
Joined in the suit are; Governor of Kaduna State, Attorney General and Commissioner of Justice Kaduna State, kaduna State Geographic Information Service (KADGIS), Kaduna State Urban Planning and Development Authority (KASUPDA) as first, second, third and fourth defendants.
Others as fifth, sixth and seventh defendants were; Incorporated Trustees of Kaduna Club, Thames and Hudson Architects and Engr. Tijjani Abubakar.
The plaintiffs’ lawyer, Emeka Ogbonnaya while lamenting lack of appearance by the sixth defendant, asked for an adjournment for proof to enable an effective and sustained service on the sixth defendant, Thames and Hudson Architects, a private developer contracted by management of the club.
Some of the prayers of the plaintiffs include; a declaration that the first respondent did not comply with extant Land Use Act in allocating Kaduna Club land to Private entities and the action be declared null and void, setting aside of all allocations of the club’s land at 18 Muhammadu Buhari Way Kaduna, an order setting aside any permission granted to private developers to demolish or build any structure on the land of the club and perpetual injunction restraining the 4th defendant from granting permission to any entity other than Kaduna Club to erect or build any structure on the said property.
The members, through their lawyers also want the court to compel the club’s management committee headed by the 7th defendant not to engage any persons for the purpose of developing the said property without prior approval or resolution by the club’s General Meeting.
“An order setting aside the approval and permission granted by 4th defendant to unknown persons or entities to demolish and build on property of kaduna club.
“A perpetual injunction restraining the third defendant from recognizing any other interest in the said property other than that of the club,” they sought.
The trial judge, Justice Yakubu Badamasi, while responding to the demand for adjournment by the plaintiff counsel inquired if truly summon and appearance notices were served on the sixth defendant.
Justice Badamasi however accepted the plaintiff’s request for an adjournment after seeking the consent of one of the defendant’s counsel Joanne Ishaku who also agreed for a new date for continuation of hearing.
The case was subsequently adjourned to 4 December 2023.