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An Abuja High Court on Friday ordered a House of Representatives member, Nicholas Mutu, to pay Alhaji Mohammed Kabiru, a businessman, the N6 million he is owing him.
Mutu, who is the member representing Bomadi/Patani Federal Constituency of Delta, is the Chairman, House Committee on Niger Delta Development Commission (NDDC).
Delivering judgment in the case, Justice Angela Otaluka held that the evidence before the court proved that Mutu owed Kabiru the said amount, adding that Kabiru’s claim was not contested in court.
She said that from the evidence before the court it was clear that the defendant owed the plaintiff the said money and “he is hereby ordered to pay the N6 million to the plaintiff immediately’’.
“The plaintiff’s claim was not contested and this case was heard as an undefended suit brought under the undefended list.
“The defendant did not enter appearance in court and was not represented by counsel and the court, therefore, delivers judgment in favour of the plaintiff without cost awarded.’’
The News Agency of Nigeria (NAN) reports that Kabiru had sued the defendant for defaulting in payment for a 3-hectre land at Lugbe Layout, Abuja, sold to him for N12 million.
The plaintiff’s counsel, Dr Larry Arinze, said the defendant made an advance payment of N6 million to his client, with a promise to pay the balance on or before October 30, 2012 but failed to do so.
Arinze said the defendant had refused to pay his client the balance of N6 million, in spite of repeated demands, and tendered documentary evidence to prove his case against the defendant.
He said the defendant refused to appear in court and was not represented by a counsel, though he was served with court summons.
NAN reports that prior to the judgment, the case was placed under the undefended list, indicating that the defendant had no intention to defend it, and this warranted summary judgment