The Management of De-Villa Hotel has dragged the Union Homes and Savings before the commissioner of Police , Kaduna state for illegal occupation of her property.
The alleged occupation by armed hoodlums was occasioned by a trade dispute between the two organisations, even as one Nura Bello was suspected to be the brain behind the illegal occupation of the property since 17th June, 2023.
In the petition written to the Commissioner of police through her Counsel, A.K Usman and Co. dated 19th June, 2023 and made available to Independent on Friday in Lokoja,urge him to investigate the matter.
According to the petitioner, De-Villa Guest House owns a five story building at Rafi Close, off Kachia Street, Kaduna, which it uses as a hotel as the company had three loans agreement with the Union Home and savings in 2008, 2010 and 2012, respectively. company had three loan agreements .
It stated that the contractual relationship went awry in 2019, when the bank, represented by the firm of S.A Akanni and Co, procured a suspicious judgement against the corporate entity, without serving it any notices in its well known address.
The hotel vacated the judgement and regained possession of the property even as the matter is still a subject of litigations both at State High Court, and Court of Appeal, Kaduna, before the armed men launched their fresh invasion.
The petition reads, in part: “Our client was shocked and without any notice to him via his postal address and or their email, Union Homes Savings and Loan Plc. (the bank) Procured a judgment from the Kaduna State High Court in suit number KDH/KAD/169/2019, wherein the Court gave the bank the right to sell the hotel. A copy of the Judgment of the Kaduna State High Court dated 16/10/2019 is hereby annexed as annexure AKU 8.
“The bank upon the acquisition of annexure AKU 8, PROCURED a writ of possession and took over the entire premises of the hotel pursuant to a writ of possession issued by the Kaduna State High Court on the 31st day of October 2019. A copy of the writ of possession is hereby annexed as annexure AKU 9.
“That our client only became aware of the disputes after the execution of annexure AKU 9 by the bank. Our client immediately briefed the firm of A. K. Usman & Co. to approach the High Court (Kaduna State High Court) for the setting aside of the judgment obtained fraudulently by the bank and on the 19th day of December 2019, Hon. Justice E. Y. B. Lolo, set aside the judgment and the writ of possession entered in favour of the bank.
A copy of the order/ ruling setting aside the judgment of 31st October 2019 is hereby annexed as annexure AKU 10.
“Our client upon the fact that the suit leading to the judgment and the eventual taking over of the hotel had been determined, filed a suit against the bank before the Kaduna State High Court (annexure AKU 11) and the bank in turn filed a counterclaim to the suit (annexure AKU 12) filed by our client.
“It was with extreme disappointment that despite the suit before the Kaduna State High Court, which is still pending and annexure AKU 9, the bank refused to vacate the hotel and the hotel through its counsel wrote the bank several letters but they (the bank) refused to vacate the premises leading to the Hotel instituting a suit against the bank before the Kaduna State rent tribunal and after hearing, the Customary Court of Kaduna State entered judgment in favour of the Hotel and upon execution by the Court, the Hotel was returned to possession. A copy of the judgment of the Customary Court Barnawa is hereby annexed as annexure AKU 13.
“The bank became aggrieved and appealed against the judgment of the Customary Court Barnawa, Kaduna to the Kaduna State High Court, and after hearing, the Kaduna State High Court entered judgment in favour of the Bank, upheld the appeal and set aside the judgment of the Customary Court of Appeal. A copy of the judgment is hereby annexed for your perusal as annexure AKU 14.
*Our client upon the judgment of the Kaduna State High Court (High Court Appeal Session), appealed the said decision (annexure AKU 14) to the Court of Appeal, after obtaining leave (annexure 15) from the Court of Appeal on the 2nd day of December 2021 (it should be noted that at all times material, the bank was represented by the law firm of S. A. Akanni & Co.).
“We have filed our Appellant brief of argument at the Court of Appeal (annexure AKU 16) in appeal number CA/K/104/2021 and the Respondent (being the bank) has also filed their Respondent’s brief of argument (annexure AKU 17) and we have also filed our reply to the Respondent’s brief of argument (annexure AKU 18).
“It is our position that the Court is fully clothed with jurisdiction and has completely seized the matter and in fact, the appeal is ripe for hearing, as such, both parties ought not to act and do anything whatsoever in connection with the property (the hotel).
“It is our view, that neither Nura Bello nor the Bank can do anything in connection with the hotel without the express approval of the duality of the Kaduna State High Court and the Court of Appeal and for the Bank and or any person to have procured the services of armed militia to guard their operation snack on the face, illegality which we believe, you would not allow such to stand.
“As a good citizen, our client does not want to take the laws into their hands by doing anything whatsoever which would lead to a breach of public peace within your domain, that is why we are calling on your urgent intervention if the bank, took over the premises through court-ordered execution and we eventually retook the premises through court execution, it cannot be heard that anybody, can take over the said premises through armed militia, which is what had taken place.
The petitioner emphasized that since the hotel has been a subject matter of litigation (res), no person, can do anything against the thrust of the suit currently before the Court, and warned “who so ever, decided to put an investment in a deep-rooted litigation property, is ready and willing to follow through the legal proceedings pending before the court and not the deployment of armed militia.
“Premised on the facts above, we pray… that you open an investigation into the allegations made and you take out the armed men on the hotel and return our client to their premises. “.
