Yakubu Busari
A Senior Magistrate court, Kasuwa Nama in Jos North Local Government Area of Plateau State has remanded a notorious land dealer syndicate Mr. Samuel Kasuwa a native of Bokkos LGA for a dubious act where he allegedly duped two proposed land buyers N4 Million.
The fake land dealer who parades himself as a property developer issue fake receipts to his victims.
Mr. Samuel Kasuwa was arrested on the 6th October 2020 bases on contempt of court order where the police traced his whereabouts and issued a bench warrant that was granted to two complainants, Umar Suleiman and Hassan Yahaya Mohammed who filed a suit challenging the accused person (Samuel Kasuwa and his company, Ron property Nigeria limited of defrauding them.
The plaintiffs/ complainant alleged that Mr. Samuel Kasuwa told them of landed property worth 20 million Naira and took them to a wrong land claiming it belongs to him and they paid 4 million deposits.
However, when the case came up 21-08-2020 for mention the defendant wasn’t present in court and was not represented by a client that put in an appearance.
The plaintiffs’ counsel, Barr N.B.Haroun opposed the defendant counsel O.E.Achi application by filing a 5 paragraphs affidavit dated 07-10-2020 and was filed the same date.
According to him, he placed reliance on the entire counter-affidavit and further submit that with due respect the defendants were properly served which is contained in the bailiff record and endorsed in court.
Haroun explained that at the first sitting when the matter came up for mention 21st August 2020 My Learned colleague was in court and put appearance for the 1st defendant and we jointly adjourned to 4th of September, 2020 to enable us effect service on the second defendant and the 1st, and 2nd defendants chose not to appear.
He told the court that the 1st defendant is equally the 2nd defendant because he is the CEO but when the case came up on the 15th September 2020 we further adjourned that is the reason for the issuance of a bench warrant.
The Plaintiffs’ counsel Barr Haroun submitted that he was in court today brought by a Federal government agency so it is our submission to the court that the defendant can’t be trusted to come to court, we need the assistant of the court.
He submitted that the application has been taken but he was arrested so setting aside the bench warrant would affect the proceedings, more so that the case hasn’t been mention or plead was not taken.
The Defendant counsel Barr O.E Achi says, he had a motion on notice dated 25th September 2020 the same has been served on the complainant counsel.
He disclosed that the motion contained in 6 paragraphs served along counter affidavit urging the court to grant the application seeking the court to set aside the bench warrant of the accused who is under detention on grounds that neither he nor his client was aware of the service instituted on next adjourn date.
We are not aware of the slated date for the hearing that is the reason why none of us appeared because the originating surmount was not served on us yet but was served on the staff of the accused person.
