Jethro Ibileke/Benin
For allegedly abusing a Court process in a civil land matter, Justice J.O. Okeaya-Ineh of Ekpoma High, on Wednesday, lambasted a litigant, Mrs. Kate Robert (Nee Okosun) and her Counsel, over civil land matter she filed against an industrialist, Mr Gregory Okosun.
Mrs. Kate Robert, a UK-based public servant, is suing Okosun, his elder brother, over alleged unlawful possession of a parcel of land in Ekpoma.
Robert drew the ire of the Judge, at the resumed hearing of the matter on Wednesday, when her lawyer, Mr. R.E. Orupke, sought for an adjournment of the case, saying neither his client nor his witnesses were in court.
The Defence Counsel, Mr. Pius Oiwoh, who was not happy with the request for adjournment, objected, as he argued that he was ready to proceed with the case that had suffered several adjournments at the instance of the Plaintiffs.
He informed the Court that the Plaintiff had also filed several other Court processes she had also abandoned, and therefore urged the Court to refuse the plea for adjournment.
Oiwoho argued that the Plaintiff was obviously trying to abuse Court process and waste the Defendant’s resources.
The Defence Counsel however submitted that if the Court was willing to concede to the Plaintiff Counsel’s plea, he would be asking for N100,000 as cost.
Consequently, the Judge, asked the Plaintiff’s Counsel why his client and witnesses were absent from Court, having been sufficiently informed of today’s hearing.
The Judge thereafter warned the Plaintiff and her Counsel, who could not provide a convincing answer to the Court’s query, for abuse of Court process and the apparent delay tactics being employed in the matter.
Okeaya-Ineh then ordered the Plaintiff to pay the Defendant, N20,000 as cost before the next hearing date of July 5.
The Plaintiff, in the suit marked number HEK/53/2017, wants the Court to declare her as the rightful owner of the said parcel of land measuring 50ft by 100ft.
The Claimant is also asking the Court to award N10 million as special and general damages she suffered when the Defendant allegedly trespassed the land without her consent.
But the Defendant, Mr. Gregory Okosun, who denied the allegations, averred that the Claimant and one of the listed witnesses, Prof. Celestina Isiramen, of Ambrose Ali University, Ekpoma, were his half sisters.
He averred that their father, Chief B.I.Okosun, the patriarch of the Okosun Dynasty, died interstate in 1973, adding that he became the head of the Okosun clan, after the final burial of their late father in December, 1982.
According to him, as head of family, he shared their father’s properties among the children, in line with Esan native law and custom.
He however, averred that the Claimant, in connivance with Isiramen, had tried to acquire the disputed parcel of land from the backdoor.
The Defendant further averred that he had also sued both his half sisters at an Ekpoma High Court, claiming N50 million as damages for alleged trespass.