Court rejects Al-Mustapha’s bid to appeal Asokoro property case
The Court of Appeal in Abuja has dismissed a request by Major Hamza Al-Mustapha for an extension of time to appeal a judgment over a property in Asokoro. Read More: https://punchng.com/court-rejects-al-mustaphas-bid-to-appeal-asokoro-property-case/
Major Hamza Al-Mustapha (retd) recently faced a setback as the Court of Appeal in Abuja rejected his appeal to extend the time limit for appealing a property case in Asokoro, Abuja. The three-judge panel unanimously ruled that Al-Mustapha did not provide sufficient reasons to warrant the extension. In the lead opinion delivered by Justice Okon Abang, the court emphasized that Al-Mustapha failed to justify his late appeal, citing his failure to attend several hearing notices.
The court also ordered Al-Mustapha to pay N1m in costs to Al-Nuri Properties, the only party involved in the appeal. The dispute stems from Al-Mustapha's alleged sale of a land parcel in Asokoro to Al-Nuri Properties for approximately N100m, which he later sought to reclaim as a loan. However, Al-Nuri Properties declined the offer, leading to a lawsuit on March 16, 2020.
The Federal Capital Territory High Court issued a default judgment in favor of Al-Nuri Properties on June 16, 2023, after Al-Mustapha's legal team failed to participate in the proceedings. Al-Mustapha appealed the decision on April 15, 2024, but the deadline for filing an appeal against the June 2023 judgment had already passed by September 15, 2024.
The court's decision to deny Al-Mustapha's request for an extension of time was based on his failure to show legitimate reasons for his delay and his lack of participation in the trial court proceedings.
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