Court strikes out 2-year old case over continuous absence of complainant

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Phenomenal
Tribunal

An Enugu East Magistrates’ Court on Thursday struck out a two-year old case involving one Sunday Nwaoyia, who was charged with malicious threat to life.

The Magistrate, Mr Denis Ekoh, had adjourned the case several times, because the complainant Chidi Akabuogu, failed to show up in court on almost all adjourned dates.

“I remember this case, the complainant had been absent in so many adjournments, I therefore, strike out the matter,”he said.

Ekoh said that the case was over the defendant’s commission on a land which he took the complainant to and showed him as an agent.

“After showing the land to the complainant, he (Akabuogu) went behind the defendant and paid for the land without paying the defendant his commission.

“When the defendant approached him for his commission on the said land, he decided to intimidate him by bringing him to court rather than paying him as agreed earlier,”he said.

The Magistrate said that the complainant refused to honour the terms of agreement between him and the defendant, but wanted to intimidate the defendant by asking him to sign an apology letter.

The prosecution counsel, Innocent Egbuaba, had earlier explained that the complainant was not in court because he was not well and pleaded for the court to give him a short date to appear.

Egbuaba added that the complainant had said that he would be withdrawing the matter in the next adjourned date.

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