Honourable Justice S.B.Samchi sitting at No15, State High Court has on Thursday ordered the Court Bailiff to serve Plateau State Governor, Caleb Mutfwang and the Attorney General of the state, Barr. Philemon Daffi with the pre-hearing notice before the 18th Day of October ,2023, in a suit filed by the 17 suspended Local Government chairmen of Plateau.
He said ,the matter which was adjourned to the 12th October, 2023 for mentioning but due to non filing of processes the court is handicap to grant all prayers sought by the claimants .
He disclosed that the Chief Judge ,Honourable Justice David Mann's earlier this year handed over the case files to Justice Ishaku Kunda ,as the matter was filed on the 5th may ,2023 ,.
He stressed that justice Ishaku Kunda presided over it before the vacation period and he returned back the filed .
However ,he stated that during the vacation the Justice Simon Bakfur attempted to hear it ,when the case filed was returned to the chief judge again.
According to Samchi ,sitting at No 15 of Plateau State High Court told the claimant counsel ,Top Kekemeke ,Esq ,that his court is the 3rd court to test long delayed after 29th September ,2023 .
He reiterated that the chief judge handed over the files to him on the 4th of October, 2023 and the files arrived his office on the 5th day of October, 2023 and he immediately gave the directive for counsels to be notified .
Samchi said the defendants counsel ,Mr M.K.Malan was yet to receive service from the bailiff subsequently no appearance from the defense but the claimant gave chronicle of what transpired before him .
He explained further that the claimant applied for the court to commence hearing on originating surmount but the court is constraint with absence of the defense counsel .
Top Kekemeke told the court that the proceedings has been stalled since they filed 18/04/2023 which at least five months that the claimant file originating surmount and no counter affidavit was file by the defense counsel .
Adding ,the defense instead engage in the process of turning the hearing into academic exercise because the defense counsel office was completely under locked and key .
Top kekemeke explained that the claimant made series of calls to inform him of notice of hearing scheduled today including that of bailiff but couldn't pick .
onourable Justice David Mann's earlier this year handed over the case files to Justice Ishaku Kunda ,as the matter was filed on the 5th may, 2023.
He stressed that justice Ishaku Kunda presided over it before the vacation period and he returned back the filed .
However ,he stated that during the vacation the Justice Simon Bakfur attempted to hear it ,when the case filed was returned to the chief judge again .
According to Samchi ,sitting at No 15 of Plateau State High Court told the claimant counsel ,Top Kekemeke ,Esq ,that his court is the 3rd court to test long delayed after 29th September ,2023 .
He reiterated that the chief judge handed over the files to him on the 4th of October, 2023 and the files arrived his office on the 5th day of October, 2023 and he immediately gave the directive for counsels to be notified .
Samchi said the defendants counsel ,Mr M.K.Malan was yet to receive service from the bailiff subsequently no appearance from the defense but the claimant gave chronicle of what transpired before him .
He explained further that the claimant applied for the court to commence hearing on originating surmount but the court is constraint with absence of the defense counsel .
Top Kekemeke told the court that the proceedings has been stalled since they filed 18/04/2023 which at least five months that the claimant file originating surmount and no counter affidavit was file by the defense counsel .
Adding ,the defense instead engage in the process of turning the hearing into academic exercise because the defense counsel office was completely under locked and key .
Top kekemeke explained that the claimant made series of calls to inform him of notice of hearing scheduled today including that of bailiff but couldn't pick .
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