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From Noah Ebije, Kaduna
A Kaduna State High Court presided over by Justice Hannatu Balogun on Thursday fixed April 4 for ruling on the authenticity of the nomenclature between Kaduna State Urban Development Authority (KASUPDA) and Kaduna State Urban Development Agency (KASUPDA) as claimed and amended by Counsels to Durbar hotel Plc.
KASUPDA officials allegedly carried out the demolition of the hotel on the order of the State government on January 15, 2020, and it was joined in the case before the court.
Lead Counsel to Durbar hotel and a Senior Advocate of Nigeria ( SAN), Dr.Reuben Atabo told the Court that the motion for the amendment of the name had been done, adding that there has always been a name KASUPDA.
But Counsel to the State government, Mr. S S. Umaru insisted, “We opposed the application because it was against a non existence party. The party the sued is Kaduna State Urban Development Agency which is non existence”.
However, in the heat of argument over the matter, the presiding Judge autioned the Counsel representating government agencies in court, saying it would not tolerate the manner he spoke in high voice before the Court.
The Counsel,SS Umaru Esq,later admitted and pleaded in court that his action was not unconnected with his passion for his work and the case he was representing.
The presiding judge, however appealed for decorum during court session and allowed the Counsels argued on the matter before she adjourned the case to April 4 for ruling.
Shortly after the Court session, the Lead Counsel to Durbar hotel and a Senior Advocate of Nigeria ( SAN), Dr.Reuben Atabo said in an interview with Reporters that ” we brought a motion to amend the Writ of Summons and Statement of Claim.
” When we filed the action on the 16th of January 2020,we claimed N1.2 billion.But at the time we filed the action,the quantity surveyor had not given us the estimate of what it would take to bring Durbar hotel back to life.
“That has been done and as soon as that was done,we have amended our claim that the cost of bringing Durbar hotel now to the level it should be, should be over N11.5 billion.
“The Defendant felt that amendment is over reaching.You are aware that sometimes in October, the court had held that Kaduna State Urban Planning and Development Agency,and Kaduna State Urban Planning and Authority, the name, once there is a mix up, is a misnomer and that we can come by way of motion to reflect the name.That’s what we have done,” he said.
Dr.Atabo said he was satisfied with the pace of the case ,even as the court adjourned the matter to the 4th of April for ruling.
“Whichever way the ruling goes, the matter will.proceed in to hearing,” he said .
