Dependant asks court to dismiss Kwankwaso’s land case against Kano Govt

Dismissal
By Aminu Garko
Kano,The 5th Dependant, Ja’en Project and Property Development Company has filed a no-case Notice at the Kano State High Court against Sen. Rabiu Musa Kwankwaso’s brother, Alhaji Garba Musa,and his AGM Educational Services LTD, in a Land deal case measuring over five hector’s of Land.
Alhaji Garba Musa,a brother of the former Governor of Kano State, Dr Rabiu Musa Kwankwaso, has filed a case at the State High Court, with a suit number K/515/2024, challenging five dependants, Governor Abba Kabir Yusuf, the State Commissioner for Land, Managing Director, KNUPDA, the State Attorney General and Ja’en Project and Property Development Company powers to revoke allocation of the 65 Hector’s Land to him by his brother, Kwankwaso, when he was serving as Governor.
Garba Musa and his AGM Company, standing as Plaintiff’s in the case, instituted suit N0. K/168/2021 as AGM Educational Service Limited on 15th March, 2021 in respect of the same land in question and the 5th Defendant filed Defence and challenged the capacity of the plaintiffs to sue with an unregistered company.
However, the plaintiffs, having read 5th defendant’s Ja’en Project and Property Development Company, processes and the applications of parties seeking to join the suit, without any hesitation applied to strike out the case and the court obliged despite objection by the then defendants.
“The entire processes of Suit N0. K/168/2021 are hereby pleaded and same would be relied upon at the trial of this suit.The 5th defendant avers that after the 1st plaintiff changed Daily Bridge Newspaper Limited to 2nd plaintiff AGM Educational Services and came up with a new idea that there was an omission of ‘Kano’ in the name contained on their purported Letter of grant dated 14th April 2015 and they have now applied to 2nd defendant for correction.”
However, the 5th defendant avers that, it shall lead evidence during trial to show that the 1st plaintiff (Garba Musa) waited to have the present Government of Kano State and used his influence being a brother to Rabiu Musa Kwankwaso to apply to the 2nd defendant to alter the name of AGM Educational Service Limited by inserting the word KANO to make it possible for the name on the letter of grant to correspond with the recent change of company name.
The 5th defendant avers that all these acts of the plaintiffs suggests alleged fraud the particulars of the fraud are thus:By the letter of grant dated 14th April 2015, the plaintiffs are claiming ownership of the plot in question, and the name contained on their grant is AGM Educational Services Ltd and not that of the 2nd plaintiff.
The plaintiffs applied to the 2nd defendant for opening of a temporary file on their Letter Head Paper of AGM Educational Services Ltd on 13th September, 2018 and the 2nd defendant approved such application on 19th September, 2018.
He said, “the letters are hereby pleaded in this suit.”
The plaintiffs again applied to 2nd defendant for continue processing of the right of occupancy on their Letter Head Paper of AGM Educational Services Ltd on 17th February, 2020.
The former plaintiffs’ counsel one Aminu Sani Gadanya wrote a letter dated 3rd March, 2021 to 2nd defendant demanding for reinstatement of the land question in favour of AGM Educational Services Ltd.
The plaintiffs on 15th March, 2021 instituted Suit No. K/168/2021 in the name of AGM Educational Services Ltd against 1st, 2nd, 3rd, 4th as well as 5th defendants and the plaintiffs struck out that suit on 5th August, 2021 pursuant to 5th defendant’s preliminary objection challenging the capacity of their company to sue and the fact that there is another AGM Educational Services Ltd with RC No. 1793041 in existence seeking to be joined in the said suit.
It is alleged that the 1st plaintiff changed daily Bridge Newspaper Limited registered since 2007 to 2nd plaintiff (AGM Educational Services Kano Ltd) on 16th March, 2024 in anticipation of filing this suit.
The Dependant further alleged that the 1st plaintiff waited for 3 good years to have the current Government of Kano State and now is using his influence as a brother to Engr. Rabiu Musa Kwankwaso at the office of 2nd defendant to alter the name contain on their grant by inserting ‘Kano’ for the name to correspond with the name of 2nd plaintiff.
“The 1st plaintiff only came up with an idea of omission of the word Kano after 5th defendant challenged their company and waited for the perfect time to raise same.”
” The 5th defendant denies paragraphs 15, 16, 17 and 18 of the amended statement of claim and put the plaintiffs to the strictest proof of same and avers that the piece of land upon which it carried out some activities is approximately 65 Hectares in size and covered by two distinct Certificates of Occupancy Numbers RES/2011/2562 and COM/2011/296 allocated to Agro Nutrient and Chemical Co. Ltd and Counting Limited, respectively.”
“The 5th defendant shall establish at the hearing of this suit that sometime in 2018 both holders of Certificates No. RES/2011/2562 and COM/2011/296 applied to the 2nd defendant for re-certification of their respective certificates and same was granted and they were issued with what is now known as “KANGIS Certificates” Numbers KNML 05219 (Formerly RES/2011/2562) and MLKN 01770 (Formerly COM/2011/296).
“The 5th defendant shall at the hearing of this suit rely on both copies of the said certificates of occupancy.The 5th defendant further avers that it now has propriety rights and interests over the said titles having been vested with powers and authority to layout and develop a private layout for the overall development of the area in particular and Kano state in general.”
“However, the 5th defendant avers that no land belonging to the plaintiffs was granted to him and that the land upon which the 5th defendant carried out some development works was first granted to the original allottees in 2011 pursuant to Certificates of Occupancy Numbers RES/2011/2562 and COM/2011/296 allocated to Agro Nutrient and Chemical Co. Ltd and Counting Limited, respectively.
“The 5th defendant avers that the purported allocation of the plaintiff was purportedly made in 2015; 4 years after the first grant to the original allottees; Agro Nutrient and Chemical Co. Ltd and Counting Limited.
“The 5th defendant avers that the said titles were re-certified in 2018 by the 1st defendant through the 2nd defendant.The 5th defendant in further avers that the 65 Hectares granted to Agro Nutrient and Chemical Co. Ltd and Counting Limited was subdivided into over 1,200 residential and commercial plots all of which have been sold to various persons who are now the present respective owners of the various plots.
“To this end, the 5th defendant prays this honourable court to dismiss the plaintiffs’ case with punitive and substantive cost.”