Abuja - A Federal High Court in Abuja on Thursday struck out a motion for stay of execution on a judgment ordering Representative Nicholas Mutu to pay the N6 million owed a businessman, Alhaji Mohammed Kabiru
Justice Angela Otaluka struck out the motion after hearing an application by counsel to Mutu, Hakeem Kareem, praying the court to withdraw the motion for stay of execution on the judgment.
Kareem said that the application was pursuant to an appeal he filed on behalf of his client at the Abuja Division of the Court of Appeal which was pending.
The News Agency of Nigeria (NAN) recalls that Otaluka on May 9, ordered Mutu to pay Kabiru, N6 million which he owed him.
Otaluka had held that the evidence before the court proved that Mutu owed Kabiru the said amount, and that Kabiru’s claim was not contested in court.
"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.
"From the evidence before the court, it is clear that the defendant owes the plaintiff the said money and is hereby ordered to pay the N6 million to the plaintiff immediately.’’
NAN reports that Kabiru had sued Mutu for defaulting in payment for a three-hectare 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 Oct. 30, 2012 but failed to fulfil it.
Arinze said that 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.