Children of late army chief drag uncle to court over father’s property

The children of the former Chief of Army Staff, LT. Gen. Luka Yusuf, have dragged their maternal uncle, Mr. Emmanuel Yusuf, before a Kaduna District Court, seeking recovery of their father’s property currently occupied by him.

In suit marked KDC/734cc/21 filed by Bilhatu Beauty Yusuf on behalf of other siblings, the applicants are asking the court to summon the defendant to appear before it to answer the applicant’s claim to recover possession of a detached duplex and all the other improvements of property No. 15, Bourmediene Road, Narayi High Cost.

The suit, filed on their behalf by D.B. Kwajaffa, stated that the applicants are entitled to the possession of premises situate at No. 15, Bourmediene Road, Narayi High Cost, Kaduna, which the defendant occupies as a licensee and which licence was revoked on October 25, 2021.

“The applicant did serve on the defendant a notice in writing of her intention to apply to recover possession of the said premises, by personal service; and that, notwithstanding the said notice, the Defendant has refused, failed or neglected to deliver possession of the said premises and still detains the same.”

In a 20-paragraph counter affidavit deposed to by the Asst. Litigation Officer of Messrs Hali Chambers, Suleiman Abdullahi, the deponent stated that the defendant/objector was permitted to use the premises by the late mother of the applicant, Mrs. Bilki Mary Yusuf.

The affidavit further stated that sometimes in 2017, when the defendant/objector wanted a bigger house to ingratiate his fourth wife, Mrs. Yetunde Kakulu , he put pressure on the late mother to permit him to move into No. 15, Bourmediene Road, Narayi High Cost, Kaduna with Mrs. Yetunde Kakulu. The mother of the applicant then permitted the defendant/objector the premises without having to pay rent.

The defendant, who was a magistrate up to 2018, when he retired, did not render any service to the estate of the late Lt. Gen. LN Yusuf as a legal practitioner or in any professional capacity, because he was in the public service of Kaduna State.

The defendant deducted all the commission due to him from the estate of the late Lt. Gen. LN Yusuf on account of the collection of rent from the tenants of the properties mentioned in exhibit C attached to the affidavit in support of his preliminary objection,” he swore.

The deponent averred that there was no understanding howsoever and no reason whatsoever for the defendant/objector to exercise any lien over the premises because he was not owed any sum at all by the estate of Late Lt. Gen. LN Yusuf and claimant/respondent did not ask the defendant/ objector to occupy the premises because he was owed any sum.

However, in a preliminary objection filed by his counsel, Patrick Buki Achi, of B.E Gwadah & Company on December 20, 2021, the defendant seeks for an order striking out the suit for want of Jurisdiction.

The defendant, in his affidavit, swore that he and Late Bilki M. Yusuf, mother to the applicant, agreed that she would compensate him with N25 million for his tireless efforts in recovering her late husband’s properties though not documented.

“That the money was not forthcoming for my elder sister, Late Bilki M. Yusuf, so at a point, she told me to move into the property, which is the subject matter of this suit until the time she will be able to pay me the N25 million,” she aveered.

The case has been adjourned to February 1, 2022.