Ile Arugbo: Court adjourns case to Thursday for hearing of fresh motion

By Mumini Abdulkareem
A Kwara State High Court sitting in Ilorin, the state capital has fixed Thursday November 5, 2020 for hearing of a fresh motion filed by Asa Investment Ltd over the disputed land on which the demolished Ile Arugbo was built.
At the close of trial Thursday September 24th, 2020, the court adjourned the case to last Wednesday to determine the pending appeals to the case which the counsel to Asa Investment Ltd, Barrister Akin Onigbinde (SAN) noted were fundamental to the final determination of the case.
However, at the continuation of the trial last week Wednesday, Onigbinde (claimant) raised the issue of a counter affidavit filed by the Kwara State Government (respondent) to their motion which was only served on them few minutes shortly before the commencement of the trial.
“This morning, at about 9:15, the 1st – 4th respondent filed a counter affidavit against our motion that they need time to go through it before responding. They have ample opportunity to serve us before now. We therefore pray the court to give us time to respond appropriately to it before commencement of hearing of the case”, he noted.
Citing Order 11, Rule2 (4), Onigbinde added that “it is interesting and intriguing that the learned counsel to the respondent wants to conduct their own case but at the same time wants to dictate how we conduct ours. He said the (claimant) can’t be ambushed to conduct their trial in a way that suits the respondent.
Counsel to the Kwara State Government and Attorney General and Commissioner for Justice, Barrister Salman Jawondo had earlier admitted that though the counter affidavit was served on their opponent shortly before the commencement of the trial, the claimant only served the motion on them at the close of work on Friday, October 23rd, 2020.
“It’s true the counter affidavit was served on the plaintiff this morning (Wednesday) although it was filed on Tuesday. The claimant application was served on us at the close of work on Friday 23rd October knowing that the case was coming up today and we ordinary need seven days to respond.
“But be that as it may, the content of both the affidavit in support of our motion and the counter affidavit are all in the records of this court. So there is nothing new. We therefore prayed the court to stand down the case till 12:00pm to allow them respond.
The trial judge, Justice Abiodun Adebara agreed with the claimant counsel for ample time to respond to the counter affidavit and adjourned the case to Thursday November 5th, 2020 for hearing of the fresh motion.
There was however, a mild drama in court during the trial as counsel to both parties threw caution to the wind and engaged in a shouting match.
The situation which degenerated to verbal abuses and insults was later brought under control by the trial judge, Justice Abiodun Adebara who sued for calm.