8 February 2011

Nigeria: Ex-Military Officer Ordered to Pay Tenant N.5 Million

AN Abuja High Court last Thursday ordered retired Brig-Gen Aliyu Kama to pay N.5 million to one Mrs Delita Whitefield as general damages for unlawfully ejection.

Justice Husseini Yusuf in a judgment made available to newsmen at Gwagwalada, held that Whitefield had proven her case beyond reasonable doubt. Whitefield had filed the suit against the general, which included Kama and Al-Kay Properties limited as defendant.

She challenged her unlawful ejection and the detention of her property without a valid court order. Her lawyer, Mr Abang Ogar, said quit notice was not issued to his client before the defendants through some security guards forcefully locked up her apartment.

The lawyer sought an order from the court declaring that the trespass and entry into his client's apartment was illegal. The judge in his ruling faulted the process of detaining the plaintiff's property by the defendants in order to recover their rent without following the due process of law.

He said the evidence before the court showed that the plaintiff came into the tenancy of the property through a lawful relationship. According to him, the only proper option open to the defendant was to approach a court for an order of ejection rather than employing a crude and uncivilized manner.

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