Motion Setting Aside

IN THE CHIEF MAGISTRATE COURT OF KADUNA STATE
IN THE KADUNA MAGISTERIAL DISTRICT

HOLDEN AT IBRAHIM TAIWO ROAD KADUNA.
COURT 22
CASE NO. KMD/4DC/2024.
BETWEEN:
DALHATU MOHAMMED --- COMPLAINANT/RESPONDENT
AND
HAMISU AHMAD --- DEFENDANT/APPLICANT.
MOTION ON NOTION
BROUGHT PURSUANT TO SECTIONS 36 OF 1999 CONSTITUTION AS AMENDED AND

UNDER INHERENT POWERS OF THIS HONOURABLE COURT.
TAKE NOTICE that this Hon. Court will be moved on ----- day of ------- 2024 at the hour
of 9 0’clock in the forenoon or so soon thereafter as counsel on behalf of the
Defendant/Applicant can be heard praying for the following orders:
1. An order of this Hon. Court setting aside the Restraining Order granted by this
Hon. Court for being obtained Malafide by the Complainant, lacking due process
of law, and against the principle of fair hearing .
2. And for such further orders as this Hon. Court may deem fit to make in the
circumstances.
Dated this ----------------------- day of ------------------ 2024
J.O Saliu, ESQ.

J.O SALIU & ASSOCIATES
(GALAXY CHAMBERS)
APPLICANT’S COUNSEL
K1, UBA BUILDING POLY ROAD
TUDUN WADA,KADUNA.
08167902952
FOR SERVICE ON THE PLAINTIFF:
No. A3,Bakori House(Ground Floor)
Ahmadu Bello Way, Kaduna.

THE CHIEF MAGISTRATE COURT OF KADUNA STATE
IN THE KADUNA MAGISTERIAL DISTRICT
HOLDEN AT IBRAHIM TAIWO ROAD KADUNA.
COURT 22
CASE NO. KMD/4DC/2024.

BETWEEN:
DALHATU MOHAMMED --- COMPLAINANT/RESPONDENT
AND:
HAMISU AHMAD --- DEFENDANT/APPLICANT
AFFIDAVIT IN SUPPORT OF MOTION ON NOTICE
I, MARYAM ABDULLATEEF, Female, Adult, Muslim, Nigerian citizen of K1 Suit 11, First
Floor, UBA Building, Tudun Wada, Kaduna do make Oath and state as follows:
1. That I am the Litigation Secretary in the chambers of J.O SALIU & ASSOCIATES,
Solicitors to the Defendant/Applicant and by virtue of which position I am familiar
with the facts of this case.
1. That I have the authority of both my employers and the Defendant/Applicant to

depose to this affidavit.
2. That I am further informed by J.O SALIU ESQ, our Principal and the Counsel
handling this matter in our office on the 27 th March, 2024 at about 2:00pm and I
verily believe him to be true and correct thus;
A. That the Plaintiff/Respondent instituted a Criminal action against the Defendant/

Applicant for Criminal Trespass and mischief over 2 Plots of Land However, the
Defendant/Applicant filled Preliminary Objection challenging the Jurisdiction of the
Honourable court to determine a land matter that bothers on tittle of a land in urban
area as same is within the exclusive jurisdiction of the High Court.
B. While the instance criminal case have not been mention before this Court, the
Complainant/Respondent’s Counsel rushed and filled an Experte Application
Restraining the Defendant from entering the said Land and same was granted by this
honourable Court without Notice to the Defendant.
C. That Defendant/Applicant has been receiving calls from unknown person
threatening him not to enter the said Land that, there was a Court Order to that
effect and same have been pasted on the land.
D. Upon an enquiry as to the restraining order, the registrar of this Court informed
us That there was an Exparte Application dated 12th of January 2024 filled by the
Complainant but the Defendant/Applicant was not served with same .
E. That the Defendant/Applicant neither Trespass to the Land nor mischievous
carried out any development on the land as he purchased same legally from the
original owners and has already commenced building on same.
F. That the said Order was obtained Malafide by the Complainant without following
due process of law. thus, the Order is against the principle of fair hearing .
3. That it is in the interest of justice to grant this application and set aside the
order as same was obtained in bad faith.
4. That the Defendant/Applicant will be highly prejudiced if this application is

refused.
5. That I make these declarations solemnly and consciously believing the content to
be true and in accordance with the Oaths Act, 2004.
______________
DEPONENT.
SWORN to at the Chief Magistrate Court Registry,

Ibrahim Taiwo Road, Kaduna.
this ____________ day of _________________________ 2024.
BEFORE ME
____________________________
COMMISSIONER FOR OATHS.

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IN THE CHIEF MAGISTRATE COURT OF KADUNA STATE

IN THE KADUNA MAGISTERIAL DISTRICT

BROUGHT PURSUANT TO SECTIONS 36 OF 1999 CONSTITUTION AS AMENDED AND

Dated this ----------------------- day of ------------------ 2024

J.O Saliu, ESQ.

K1, UBA BUILDING POLY ROAD

FOR SERVICE ON THE PLAINTIFF:

No. A3,Bakori House(Ground Floor)

Ahmadu Bello Way, Kaduna.

CASE NO. KMD/4DC/2024.

1. That I have the authority of both my employers and the Defendant/Applicant to

A. That the Plaintiff/Respondent instituted a Criminal action against the Defendant/

4. That the Defendant/Applicant will be highly prejudiced if this application is

SWORN to at the Chief Magistrate Court Registry,

this day of _____________ 2024.

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