‘It’s an abuse of court process’

Aclaimant, Mr Afolabi Fatusi, has initiated contempt proceedings against Daar Communications Plc, owners of AIT/Raypower, over an alleged failure to deliver possession of his family land in Alagbado.

He filed Form 49 on December 14 – a notice to show cause why the order of attachment should not be made.

Fatusi accused the company of failing to deliver possession of the property following High Court judgments.

This was after he filed Form 48 – Notice of consequence of dsobedience to order of court – against the company and some of its directors on October 17.

The alleged contemnors are Daar Communications, Mrs Oluwatosin Dokpesi and Mr. Tony Akiotu.

They were accused of disobeying verdicts which ceded the parcel of land where the company is located to Mr. Julius Olanrewaju and Madam Adefiola Fatusi.

The claimants secured one of the judgments before Justice O. Kayode-Ogunmekan on February 22, 2013, against Hassan Bello, Semiu Alanis, Sumoni Akintola and Persons Unknown, who had also claimed ownership of the land, following which possession was taken.

The claimants, now represented by their son, Fatusi, claimed that after the execution of judgment on November 15, 2013, and delivery of the property to the claimants, “the judgment debtors and their assigns went back to the property in breach of the express order of the court”.

They added in an affidavit: “In spite of the report of the Land Grabbers Committee and judgments of the court, the contemnors continued in defiance of the express orders.”

However, the management of Daar Communications prayed the court to set aside the service of the Forms 48 on the ground that they were not parties to the cases nor were they joined in any of them.

The company said since it had no interest in any of the suits, the claimant’s action “constitutes a veritable abuse of the processes of this honourable court.”

Daar Communications added that since execution has been levied by the judgment creditors, “the judgments being paraded by the claimant have become spent”.

The case has been adjourned till January 17 for a hearing. (The Nation)

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