Appeal Court hears suit against lawyer, Polaris Bank July 5

The Court of Appeal, Abuja, Monday, fixed July 5 for hearing in a property ownership dispute suit filed against a Senior Advocate of Nigeria (SAN), Jonathan Majiyagbe, by Samuel Nwosu.

At the resumed hearing on Monday, the three-member panel of the court granted an application to substitute Skye Bank’s name with its new name Polaris Bank.

The court then ordered that all court processes relating to the appeal number CA/A/541/2018 be amended to reflect the name of Polaris Bank.

The court further made an order directing that fresh hearing notice be issued on the second respondent, Polaris Bank, which was not represented in court on Monday.

Earlier, counsel for the appellants, Chukwuma-Machukwu Ume, a Senior Advocate of Nigeria, tendered a letter from the Deputy Registrar of the court confirming that the correct number of the appeal was CA/A/541/2018 and not CA/A/112/2017.

The News Agency of Nigeria (NAN) reports that a three-man panel of the appellate court headed by Abubakar Yahaya, had at its previous hearing, ordered lawyers to all the parties in the case to correct the discrepancies in the appeal number.

The court’s order was sequel to an observation raised by G.O.A Ogunyomi, counsel for Majiyagbe, who said the motion that was filed by the appellants was marked CA/A/541/2018, while the original appeal number hand by by the court, was CA/A/112/2017.

The dispute

The appellants, Mr Nwosu and Chukwuemeka Anyaoha, had filed their suit at the FCT High Court over ownership dispute in respect of the property situated at Plot 222 Shehu Shagari Way, Asokoro, Abuja.

According to the appellants’ brief of argument, Mr Majiyagbe was their tenant and allegedly owed a year’s rent.

They said Mr Majiyagbe had “suddenly issued a letter to his co-tenants that he is now the landlord of the same premises and that the co-tenants should henceforth pay their rents to him.”

However, in his own amended statement of defence and counter-claim, Mr Majiyagbe said he bought the property from Skye Bank Plc, now Polaris Bank Ltd.

He said the property was sold to him after a company, Sam Total Trade Ltd, which used it as collateral, failed to pay N60 million mortgage loan it took from the bank.

Following Mr Majiyagbe’s claim, the appellants urged the lower court, FCT High Court to join the alleged debtor, Sam Total Trade Ltd, in order to give its own version of the said debt of N60 million.

But the appellant’s application to join Sam Total Trade Ltd as a party to the suit was struck out by the trial court.

The appellants are therefore praying the appellate court to set aside the ruling of the High Court of the trial court which rejected their application to join Sam Total Trade Ltd, as an interested party in the case.

They also pray the court to declare that the senior lawyer had no right to issue his co-tenants, any document purporting to claim that he was now the landlord of the property.

They are equally praying for an order of injunction restraining Mr Majiyagbe from asserting any right of ownership over the property.

(NAN)