Thursday, 10 August 2017

THE HENSHAWS VS LEAGUE FOR HUMAN RIGHTS LTD/ GTE: PLATEAU STATE COURTS REAFFIRM ORDER FOR OCCUPANTS OF NO. 13 KASHIM IBRAHIM STREET TO GO BACK INTO THEIR ROOMS

By: Valentine Adese,
 
A Senior District Court of Plateau State has ordered that the occupants in No. 13 Kashim Ibrahim Street in Jos North Local Government Area of Plateau state should return back to their rooms and occupy same pending the determination of the suit before the court.


The Court in suit No. SDCKN/cv.132/2009 while reversing his earlier order of 12th April, 2017, said, “The order granted on the 12th April, 2017, was given in error based on misdirection and misconception or misrepresentation by the respondent.”


You would recall that in suit No. SDCKN/CV.132/2009, Mr. David Henshaw (Judgment Debtor/Applicant), had approached the Court, to revisit his earlier order made on the 12th of April, 2017 in favour of the League for Human Rights Ltd/GTE (Judgment Creditor/Respondent).

The Judge, H. O. Kpabong of the Senior District Court at Kasuwan nama, in Jos North Local Government Area of Plateau state, while delivering the recent reversed ruling, stated as follows: 

“Upon the motion on notice brought under the inherent jurisdiction of this honourable court, dated the 11th day of May, 2017 and filed on the 12th of May, 2017.

“The motion is supported by a 5 paragraphs affidavit and reliance placed on all the averment. Attached to the application are 5 annexture exhibit, an order that the order of the court of 12th April, 2017, was granted in error as a result of fraud and or misrepresentation by the respondent, the court having been funtus official at the time, and for such further order(s) the hon. Court may deem fit to make in the circumstance.

AND AFTER HEARING THE ARGUMENTS OF BOTH COUNSEL, The application of the applicant Judgment Debtor is granted as prayed.

THE ENROLLED ORDER READS:

1.      An order vacating its order granted to the Respondent on the 12th April, 2017 to break open doors of all the occupants of No.13 Kashim Ibrahim Street, Jos.

2.      An order directing all those whose rooms were opened to go back into their rooms occupying same and their properties released to them pending the determination of the appeal (sic).

That the order granted on the 12th April, 2017 was          granted in error based on misdirection and misconception or misrepresentation by the Respondent.

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