Counsel seeks reversal of judgment in property dispute case

Mr Peter Ezeganba, Counsel to Chief Alagbaje Solomon on Monday asked an FCT High Court, Wuse Zone II to reverse its judgment in favour of his client in a case of property dispute.

Ezeganba asked the court in Abuja to reverse the judgment, which was earlier given in 2013 on a disputed property in Gwarinpa in favour of the plaintiff, PB and FA Nigeria Ltd.

Ezeganba, the Counsel to the defendant, told the court that both he and his client were not aware of any court proceedings, adding that the defendant only got to know about it while in Benue State.

He said: “We only became aware of this case when a similar matter arose in Otukpo in Benue State, therefore, giving a judgment against my client without our knowledge will amount to denial of justice.

“The order for substituted service was not complied with but was served to an unknown person who was never a party to the matter, the applicant has no knowledge of the suit against him.”

Ezeganba, while calling on the court to set aside the judgment, said that the judgment against his client was fraudulent.

“I ask the court to reconsider the judgment secured against the applicant and vacate the judgment against him as it is a judgment procured by fraud and it is defective.

“I also ask that the court should make an order restraining the respondent from further executing the judgment.’’

READ: PDP: Supreme Court verdict to resolve crisis

Mr Kamin Asuloge, the Counsel to the plaintiff however said that the submission by counsel to the plaintiff was against his integrity, adding that calling him a fraud was an abuse to his person.

According to him, the judgment was given and executed in 2013, to ask that it be reversed is an aberration.

“The word fraud touches me to the marrow, it is sad and such language is inimical to the legal profession and an attempt to cast aspersion on the integrity of the court.

“This judgment was executed in 2013 but the plaintiff pretended not to be aware, besides the court order was served and yet there was no appearance in court.”

The presiding Judge, Justice Mamman Kolo, however adjourned the case till May 22 for ruling.