Court Orders Senior Lawyer/ Director, Mrs. Nneka Aimee Kanu To Pay 3,054,000 For Non Compliance With Tenancy Agreement - Welcome to Uju Ayalogu's Blog

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Friday, 25 May 2018

Court Orders Senior Lawyer/ Director, Mrs. Nneka Aimee Kanu To Pay 3,054,000 For Non Compliance With Tenancy Agreement

Court Orders Senior Lawyer/ Director, Mrs. Nneka Aimee Kanu To Pay 3,054,000 For Non Compliance With Tenancy Agreement

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A Magistrate Court at Abuja presided by his worship E. D. ISIWARI, has finally given judgement against Mrs. Nneka Aimee Kanu (a lawyer an civil servant, director at Radio House Area 8 Garki Abuja) in the matter with suit number: CV/209/16, bothering on tenancy agreement which value is within the jurisdiction of the Court.

The plaintiff, At-Tijarah Global Services Investment Company Limited had sought to eject the defendant from its property situate at Unit 18, Bentel Estate, Lokogoma District Apo, Abuja (3 bedroom bungalow fully detached) which the defendant hold unto as a tenant.

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A tenancy agreement dated the 22nd day of December, 2010 had been executed with a rental value of N900,000.00 per annum and N90,000.00 service charge.

The defendant had paid for the first year mentioned above and also renewed her rent up till 2014; her last receipt issued by the then property managers (Diya Fatimilehin & Co.) Dated 3rd July, 2013.

However, following her attitude and none compliance with the tenancy agreement, the then managers issued a quit notice which was ignored. The defendant did not only refuse to pay, she also refused vacating the premises.

After a fallout with the first managers, the services of another was retained. The defendant on the other hand engaged the services of Geoffrey Uwadiegwu Oputa (a senior lawyer of 3 decades standing at the Bar) after the necessary documents were served.

When all efforts to get the arrears of rent proved abortive, an action was commenced against the defendant via a civil summons at the above stated court.

The matter later came up for mention on the 26/01/2017. Representing the plaintiff, was A. L. LIKKO, Esq while G. U. Oputa, Esq. represented the defendant.

The defendant counsel, during the process of the action filed a preliminary objection (PO) challenging the jurisdiction of the court which was overruled. This led to an appeal as well a motion for a stay of proceedings. This was overruled as well.

During hearing, the plaintiff called 3 witnesses and tendered 4 exhibits in support of its case and they were all admitted and marked exhibits A-C1. After all cross examinations, the plaintiff close its case on the 11/09/2017 and yhe matter was adjourned to 19/09/2017 for defence which later commenced on 26/09/2017 in which the defence rested their case on that of the plaintiff.

The court after the adoption of written addresses entered judgement in favor of the plaintiff which is to the effect that the defendant is to vacate the said premises, pay the arrears of rend and the mense profit and a cost.

The defendant hereafter filed an appeal and a stay of execution which was refused.

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Speaking with the plaintiff’s counsel, it was affirmed:

”Our filed got ready for execution on the 1st day of March, 2018 while the defendant is nowhere to be found, after staying in the premises for three years without paying a penny as if she owned the house…Where did our home work very well, we were able to locate her office in Radio house where she is heading a unit as a director with many staff under her watch.

Unfortunately for her, the enforcement personnel together with a team of fully armed police officers under the leadership of ASP Umar Sani with my humble self and a colleague of mine… Attachment of her Toyota Corolla LE 2011 model was successfully attached and moved to court premises Life camp complex.

”The judgement sum among other fees put together at N3,054,000.00 (Three Million, Fifty four thousand naira only). After valuation and auction take place and the value of the car did not reach the total sum, further execution will take place until all the judgement sum duly recovered.

”This the beauty of Rule of law where applied properly. No body is above the law… It’s clear, that Mrs. Nneka Aimee Kanu a senior lawyer and director in Radio house, took her landlord for granted… Now, she can see the result of disobeying the laws of the land… After all frustration, unnecessary applications, letters sent by her counsel… The matter ended…”

The plaintiff’s counsel therefore appreciated his worship for upholding the rule of law even in the face of the fiery furnace burning before the face of justice.

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