The residents of Ungwar Yusi community in Sabon Gari local government area of Kaduna state have approached the Magistrate Court to seek redress over mass demolition of their houses.
Over 250 houses were said to have been demolished by the agent of the Kaduna state government, the Kaduna State Urban Planning Development Authority (KASUPDA).
Meanwhile, the High Court of Justice, Dogarawa Zaria, had earlier restrained the Kaduna State Urban Planning Development Authority (KASUPDA) from further crossing and marking the applicant’s house for whatever reason.
According to Hon. Justice B.F. Zubairu in his judgement, “the defendant is perpetually restrained either by itself and or by its agents privies or whosoever described from further crossing and marking the applicant’s house for whatever reason.”
The judgement document obtained by our correspondent dated March 2nd, 2013 with suit no. KDH/Z/52/2011 was between Irimiya Yabanet (SP Rtd) for himself and on behalf of the Ang. Yusi community, Hanwa district, and KASUPDA.
However, contrary to the judgement of the said date, the KASUPDA embarked on a mass demolition exercise of the houses in Greenland (Yusi community) between October 3rd and October 4th, 2021.
It was also gathered that most of the occupants of the land whose houses were demolished had acquired the planning permit from KASUPDA.
According to one of the planning permits obtained by our correspondent, it reads as follows: ref No: ZRH/GEN/PP/3295/VOL. 1. Hereinafter called the developer, is hereby granted planning permission by the KASUPDA, hereinafter called the Urban Planning Authority for Kaduna State, in accordance with the provisions of the Urban and Regional Planning Law Act No. 88 of 1992.
It was also gathered that some of the affected residents had already obtained a Certificate of Occupancy (C of O) before the demolition exercise was carried out.
In the suit, one of the complainants, Solomon Kaine, Esq., said that one of his clients (Yusi Community Residents) joined the Director General of KASUPDA, the Zonal Manager of KASUPDA, the Rector of Aviation College, and the Public Relations Officer (PRO) of the Aviation College, Zaria.
During the court proceeding, one of the defendants argued that the court lacked jurisdiction to hear the matter before Justice Yakubu Gbadamosi.
While presiding over the matter on Monday at the Magistrate court in Zaria, the judge, Justice Gbadamosi, said that all defendants must appear before the court in the next sitting, as only the second defendant appeared today.
” Either the court has the jurisdiction or not to entertain the matter, the court must be respected, and all the defendants must appear before the court” justice Gbadamosi said.
The case has been adjourned till February 7, 2022, for preliminary objection.
