The Chairmen of the 17 Local Government Councils and Councillors in Plateau State have urged the court to dismiss an application seeking the order of the court for rejoinder from the claimants originating surmount on the ongoing legal suit which truncate their tenure in office.
Counsel to the claimants ,Tob Kekemeke Esq made argument during the Monday proceedings at the Plateau State High Court presided over by Honourable Justice S.B.Samchi.
Hon. Miskoom Alex Naantuam and 16 others in a petition before the court seeking for their reinstatement as their tenure in office hasn't yet expire including that of councillors.
Barr. D.P.Dusu, the defendants counsel told the court that they have serve the claimants on the 17/11/2023 clearing motion on notice by the defendants for rejoinder were the respondents has filed counter affidavit challenging the ground of that application.
Adding, in response to the counter affidavit, we the defendants filed our reply on point of law which was filed out of time and he is seeking the leave of the court to allow the claimants to reply on point of law.
According to him ,the claimants have been served with motion this morning as Dusu, counsel to the defendants apologized for a peaceful resolution.We are ready to proceed and the claimants counsel Tob Kekemeke Esq said they were equally ready.
Justice Samchi, urged the defendants to proceed and Dusu presented the motion on notice dated 24/11/23 and was filed on the 27/11/23 ,were he said,this application was not opposed by the claimants counsel Barr. Tob Kekemeke as was moved.
However, Dusu urged the court to grant him all the reliefs sought as this was not opposed by the claimants counsel.
Ruling on the matter, Justice Samchi said that the application dated 27/11/23 is hereby granted as prayed an replied of 13/11 /23 on point of law deem to have been filed on claimants and the defendants motion on notice for rejoinder they are ready.
Dusu disclosed that before this honourable court is a motion on notice dated 17/10/23 and filed on the 9/11/23 seeking for two reliefs and predicted on six (6) grounds in support is a 3 paragraphs affidavit deposed by one Nehemiah Abi also filed a written address and he urged the court to grant the said application.
He relied on paragraphs of the affidavit as he adopted the written address upon served on the claimants counsel.We filed on 27/11/23, and deem to have been filed same date by the order of the court also adopted the reply on point of law urged the court to grant the application as prayed.
In a swift response, Tob Kekemeke Esq opposed that the second application,saying they also filed counter affidavit and a written address challenging that application seeking rejoinder, as counter affidavit dated 13/11/23 was accompanied a written address all adopted urging the court to dismiss the motion utterly for lacking in merits.
"We serve them replied on point of law this morning the defendants raises fresh issues to which this honourable court can't make order time pass. It can't make order to an unknown party this is similarly seeking to join as a party. The reliefs on the originating doesn't affect, it is fresh issues in paragraph 1:07 page 6.
Kekemeke, "urged the court to refused the application for lacking in bonefishes only main to delay the hearing of this substantive suit."
Samchi adjourned the ruling to 29/11/23 and continuation of hearing on the originating surmount as secluded.
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