Former Attorney General of the Federation (AGF) Chief Michael Kaase Aondoakaa SAN and his younger brother Mr Ordoo Andoakaa are embroiled in a legal tussle with an Abuja based business man Mr Friday Audu over ownership of a N50m worth property in Abuja.
The Aondoakaas claiming to be owners of the house located inside the popular Prince and Princess Estate, Abuja reportedly sold it to another business man Alhaji Gambo Musa.
However, attempt by Gambo Musa to take possession of the house from Mr Friday Audu who is also laying claims to the house failed at a Karu Chief Magistrate Court yesterday.
Musa had dragged the defendant (Mr Friday Audu) before the court asking for court order to permit him to take over the house having brought it from the Aondoakaas via their company Zimadin Solutions Ltd.
The plaintiff asked Chief Magistrate Hadiza Dodo to order the defendant to vacate the house for him to move in.
He also asked the court to order the defendant to pay him several thousands of naira as rent from the period he bought the house.
However, delivering ruling in an objection to the suit raised by Friday Audu, Chief Magistrate Dodo held that the case was grossly incompetent and constituted abuse of court process.
In the preliminary objection argued by Mr Imaben Anyebe on behalf of the defendant, the court held that it has no jurisdiction since the ownership of the house was already an issue before an Abuja High Court where the Aondoakaas are part of defendants.
Chief Magistrate Dodo said that since the plaintiff (Gambo Musa) had already joined issues with the defendant at the FCT High Court, it was wrong for him to have rushed to the Chief Magistrate to institute an action in gross abuse of court process.
“It is a fact that the ownership of the property in dispute is an issue before an Abuja High Court presided over by Justice A.O Musa. It is also a fact that the plaintiff in this instant case is a defendant in the High Court and has even joined issue with the plaintiff in the High Court”.
“With these facts well established and the affidavit in support of the preliminary objection not challenged by the plaintiff, I find it difficult to grant the request of the plaintiff”.
“I also find it difficult to proceed with this suit as it constitutes an abuse of court that must not be encouraged”.
Chief Magistrate Dodo therefore struck out the suit for being incompetent, constituting abuse of court process and for lacking jurisdiction to entertain it.