- Court demands payment evidence of Late Lagos MILAD’s entitlement from Navy
BENJAMIN OMOIKE
A Lagos High Court judge sitting in Ikeja, Justice Christopher Balogun, has ordered the Nigerian Navy, NN, to show evidence of payment of entitlement and benefit of the late retired Rear Admiral Ndubuisi Kanu, a former Military Administrator of Lagos, MILAD, to an interest-yielding dedicated account.
Justice Balogun gave this direction in an ongoing proceeding of a suit filed by Mrs Gladys Ndubuisi Kanu on Thursday.
In the suit, marked LD/3685FPM/2021, Gladys is seeking to be declared as the only legal wife of the late Rear Admiral Ndubuisi Kanu.
The respondents in the suit are the first wife – Christine, Josephine Ndubuisi Kanu and children of the deceased, Kelly Kanu, Nigerian Navy, Simone Abiona (Nee Kanu), Andrey Joe-Ezigbo (nee Kanu), Paula Kanu and Karen Johnson (Nee Kanu), Jeffery Kanu, Laura Kanu and Stephen Kanu.
Gladys also sought an order from the court to declare that she is the only widow of the late Ndubuisi.
She said she and the deceased were co-habiting until his death. She noted that she was married to him for 27 years but she was with him for 31 years.
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At the resumed hearing, Counsel to the claimant, Wale Adesokan, SAN, had also sought for an order of the court to join the probate registrar of the High Court in the suit, but the registrar said she has not been served.
The second respondent counsel, C.G Cirbam informed the court that NN is seeking that the court struck out its name from the action.
The trial judge, Justice Balogun requested proof of payment of entitlements in the instance.
He queried, “How do we know whether his gratuity has been paid?
“It is as if you are hiding something. What you should have done is to show us the evidence and leave the matter and let the family battle their matter.”
He opined, “You cannot pay gratuity twice and you cannot pay pension when he has passed on, everybody knows that.”
“Nigeria Navy, you are still here for some more time and be very patient.
“Do you have any other work you do apart from war?
The judge ordered that the claimant should service.
Also, O.A Shodimu, counsel for the first, third to the ninth defendant, who also held brief for the 10th defendant, prayed the court for an extension of time to respond to the application.
Meanwhile, the judge adjourned the proceeding till Monday, 16, 2022 for hearing of the pending interlocutory injunction to join or add the probate registrar to the action.
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