MR. DUWA DIMKA vs NTA PROPERTIES LTD & ANOTHER: COURT STRIKES OUT DEFENDANTS’ PRELIMINARY OBJECTION (PO), ADJOURNS TO 29TH NOV.

A State High Court sitting in Jos, the Plateau State capital has struck out the Preliminary Objection (PO) filed by NTA Properties Investment Company Ltd and one Mr. Ahmed Sulaiman Ibrahim, who are Defendants in suit No: PLD/J/12CV/2020.

The Court struck out the PO because it was filed based on the old rules of the High Court.

However, before the striking out of the process, the Counsel to the Defendants, M. Okolo (Esq) had applied to withdraw the PO based on the observed abnormality.

Chindak James Dakas (Esq), in an interview with Journalists at the Court premises in Jos

In the course of the hearing today, 6th October, 2021, also, Counsel to Mr Dimka, Chindak James Dakas (Esq), told the Court that while the case is pending, “his client discovered yesterday that, the property in issue has been resold to another person and development has started on the property”.

The Court after hearing Chindak James Dakas (Esq), declined to make comment or give any necessary Order(s) as it demanded for more information and evidence to be brought formally.

The Presiding Judge, Hon. Justice, I. Kunda, however, admonished parties to maintain status quo, since the matter is before a Court of competent jurisdiction. The Court adjourned the matter to the 29th of November, 2021, for hearing.

You would recall that, suit No: PLD/J/12CV/2020, was filed by Mr. Duwa Mufukdang Dimka (Plaintiff), through his Counsel Chindak James Dakas (Esq) asking the Court to determine and declare that:

  1. By the various publications of the 1st defendant made over the NTA station in Nigeria, to the staff of Nigerian Television Authority, including the plaintiff, the 1st defendant (NTA Properties Investment Company Ltd) is bound by its representation of the procedures for the bidding exercise for the purchase of the 3 bedroom flat bungalow with other appurtenances, situated at NTA Jos, Plateau State.
  2. That given the payment already made by the plaintiff pursuant to the 1st Defendant’s contractual representations and the 1st Defendant having issued documents specifying the mode of the bid for the sale of the 3 bedroom flat bungalow and other appurtenances, the 1st Defendant was estopped from adopting any contrary procedure or guideline.
  3. That the 1st Defendant’s sale of the 3 bedroom flat, situated at NTA Jos Plateau State to the 2nd Defendant (Mr. Ahmed Sulaiman Ibrahim), is unlawful and contrary to its contractual representation to the Plaintiff.
  4. That the 2nd Defendant was not a valid bidder for the sale of the 3 bedroom bungalow.
  5. That the Plaintiff was the successful bidder for the sale of the 3 bedroom flat bungalow and its appurtenances situated in Jos and ought to have been sold to the Plaintiff.
  6. An Order setting aside any sale or planned sale of the 3 bedroom flat bungalow by the 1st Defendant or its privies to the 2nd Defendant or his privies, among others… To be continued.

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