The case against Janex Hotels for selling alcohol could not go on today, August 27, due to the absence of the complainant, Sabon Gari local government area of Kaduna State.
The Zaria city Chief Magistrate’s Court adjourned the case to September 8 for the counsel for the local government to address the court why Janex Hotels and Bar and 88 others should be sanctioned.
The chief magistrate, Zainab Garba, adjourned the matter for hearing of the substantive case and motion on notice filed by the defendants to September 8.
Barrister Solomon Kaine, counsel for the defendants told the court that the complainant’s lawyer, Dr Muhammad-Tukur Jibril, was in court on August 14, the last adjourned date but was neither in court nor gave reasons for his absence today.
“However, we have a motion on notice dated August 26, but we couldn’t serve him yesterday in view of the above. We shall be asking for an adjournment to enable us serve him so that we can have our application heard,” he said.
Kaine also told the Court that the complainant had served him with notice of withdrawal of the case.
However, the presiding magistrate said such notice was not before her.
On July 16, Sabon Gari Local Government instituted the suit against Janex Hotel and 88 others.
On the same day, the petitioner obtained an interim order to close the respondent business premises through an expate application which was accompanied by a motion on notice.
However, the defendants, on July 17 through their counsel, filed a motion on notice seeking to vacate the interim order made on July 16 and also challenged the jurisdiction of the court to entertain the case.
In her ruling on August 14, the chief magistrate struck out the exparte application alongside the motion on notice dated July 16, and motion on notice filed by the defendants, for lack of due process.
She also vacated the earlier interim order granted by the court on July 16.
The local council had also filed a similar case against the defendants before a Chief Magistrates court at Kings Road, Sabon Gari, Zaria. (NAN)
