DEFENDANT, PHILLIP OFUME'S OBJECTION TO PLAINTIFF, KHAWAR Z. MIAN'S CLAIM/AFFIDAVIT FOR UNLAWFUL DETAINER ISSUED PURSUANT TO
limpt
STAFFORD COUNTY GENERAL DISTRICT COURT
___________________________________________
Khawar Z. Mian )
Plaintiff/Landlord )
v. )
)
CASE NO. U10-3489
Phillip Ofume )
Defendant/Tenant )
(Pro se / Forma Pauperis) )
_________________________________________________________________________
DEFENDANT, PHILLIP OFUME'S OBJECTION TO PLAINTIFF, KHAWAR Z. MIAN'S
CLAIM/AFFIDAVIT FOR UNLAWFUL DETAINER ISSUED PURSUANT TO
VA. CODE§ 8.01-126
_________________________________________________________________________
Reference to Plaintiff, Khawar Z. Mian's Claim/Affidavit for Unlawful
Detainer issued pursuant to VA. Code § 8.01-126, Defendant, Phillip
Ofume hereby respectfully moves to object his Claim/ Affidavit for
Unlawful Detainer because (summarized),
1. Defendant, Phillip Ofume is not a tenant at 25 Trade
Street Suite 202, Fredericksburg, Virginia 22406 as claimed by the
Plaintiff to the extent that Dr. Phillip Chukwuma Ofume or Defendant
and his family are tenant at 25 Trade Street Suite 201,
Fredericksburg, Virginia 22406 and are owing some overdue rent because
the Plaintiff (hereinafter, “landlord”) and his Attorney refused to
accept several pieces of part-payments which would have overtime fixed
the overdue.
2. Reason of Defendant's homelessness and 2005 – April 2010
unemployment and harsh sanction on over 98% of their means of
livelihood because of Defendant's bid for the President of Nigeria
2007 and 2011 stated below, on about March 24, 2010 in presence of
witnesses oral agreement was entered between the landlord or Plaintiff
and Defendant and they agreed the following:
a. Monthly rent for the two-bedroom apartment effective April 1,
2010 and due 1st of every new month will be $1000.00 (One Thousand US
dollars) including utilities. Under the systemic or state imposed
sanction, Plaintiff claimed “human rights and humanitarian position”
to provide employment for the employable children of the Defendant
pending change of the immigration status of the Defendant and his
wife.
b. 25 Trade Street Suite 201, Fredericksburg, Virginia 22406. lie
situate in same premises with one of Plaintiff's food chain stores
(Popeyes Chicken). 25 Trade Street Suite 201, Fredericksburg,
Virginia 22406 is behind Popeyes Chicken.
c. Restating that under homelessness, unemployment and other
politicized conditions stated below/above, Plaintiff agreed to offer
employment to Dr. Ofume's children in the above mentioned food stores
and the proceed from this employment will be used to pay the monthly
rent agreed above
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Khawar Z. Mian v. Phillip Ofume CASE NO. U10-3489
pending when Dr. & Mrs. Ofume will get change of immigration status
because there was immigration decision which was being expected soon.
d. Defendant and his family acknowledge the kindness of the
Plaintiff for providing the apartment without usual discrimination and
imposition of discriminatory rental conditions which has created
hardship for “poor people” across the state of Virginia (Richmond).
e. Surprisingly, after Defendant took the apartment and moved in,
Plaintiff did not honor the employment agreement mentioned above but
Defendant and his family were able to raise fund to pay part of the
overdue rent but in April (part)/May/June 2010 Plaintiff refused to
accept further part payment and created accumulated overdue rent and
issue power of attorney to collect rent to his Attorney. Plaintiff's
Attorney refused to accept payment and severally promised to contact
Plaintiff to seek his approval but nothing was heard until the
objected summon was served upon Defendant.
3. Less than one month from the oral agreement mentioned above or
on April 29, 2010 – May 7, 2010 there was good news because four (4)
members of the Defendant's family were granted the awaited change of
immigration and other status.
4. With this gradual payment, Defendant and his family would have
been above to offset the over dues and now that defendant's status has
changed including Mrs. Ofume's full time teaching/care employment
(June 21, 2010), effective August 2010 all overdue would have been
paid in full and normal tenancy afloat.
5. Conditions mitigating move-in: There was a swift rush out from
dangerous and politicized or death trap homeless shelter (Thurman
Brisben Homeless Shelter, Fredericksburg Virginia) and/or there was an
emergency and unprepared occupancy or move-in. In the Commonwealth
State of Virginia based on the duty/obligation of the landlord the
conditions of the apartment is and has been in nature of unpainted,
unchanged rug with multiple stains, misused toilet/bath, etc.
6. The apartment was roughly and heartlessly used by former tenants
and the Plaintiff acknowledged this misuse on the day Defendant moved
in. Under the unattended conditions of the apartment, Defendant and
his family, had no choice. Immediately and thereafter thus, from time
to time, Dr. Ofume mobilized his family to do extensive and continuous
scrubbing, cleaning, sweeping and removal of vertical and horizontal
stains in the entire apartment through staircase and part of the
outside premises.
7.. There is no damage done to the apartment to warrant any costs
consideration of the sum of fifty five dollar $55.00 claimed in
Plaintiff's claim/affidavit. Defendant will request this Court to
Order disclosure of the receipts of the unreceipted rental payment to
the Plaintiff prior to denial of further rent payment.
8. In mid-April 2010 one of the Defendant's children was hired for
limited hours and in late May 2010 Mrs. Ofume effective June 21, 2010
she started full time job aforementioned. Restating that several
times, in May/June 2010, defendant and his family pleaded to pay part
of the overdue rents but, the landlord refused to accept. He told
Defendant that he has contacted his attorney to collect his rent.
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Khawar Z. Mian v. Phillip Ofume CASE NO. U10-3489
9. Plaintiff's Attorney contacted Defendant. Defendant wrote to
Plaintiff's Attorney and requested for correct designation of the
recipient of the rental checks which he intend to send to the
Plaintiff. Plaintiff's Attorney promised to contact Defendant soon as
his office meets with the Plaintiff or the landlord. No further
contact as to payment instruction was issued by his attorney to the
extent that further contact was Court Summons.
10. Togo, Canada and USA harsh sanction/embargo such as block on
bank account, denial of all
operating services, homelessness, etc are tools to disrupt Dr. Ofume
presidential campaign 2007 and 2011. The Plaintiff and others are
under the pressure of Dr. Ofume's political opponents. Plaintiff
refused rent payment and ignored witnessed oral agreement entered on
before March 26, 2010 as usual to open up new lead to homelessness and
other blockades.
11. Defendant or Dr. Ofume and his family are Refugees, Asylees,
Statelesspersons, and fled severe forms of political persecution and
torture in Nigeria, Togo, and Canada and also sponsored in to the
United States because of his bid for the President of Nigeria 2007
and 2010. The flee was also triggered because of the cleansing plot
directed against him, his family and native place of origin (NIGER
DELTA REGION). These gruesome physical and psychological torture and
persecution escalated in Massachusetts and Virginia (Richmond). 2005
– April 29, 2010 these governments and Government of America (under
President George W. Bush – see below ) denied defendant and his family
rights to all services to the limited extent that ONLY one US born
child is provided with starvation services ($144.00/mo child cash and
$199.00/mo food stamp benefits) and eight (8) provided with NOTHING.
12. Defendant or Dr. Ofume is highly employable and /or is
lecturer, researcher, mediator/arbitrator, multilingual, expertise in
designing unfailing project, policies and practices for governments
and NGOs (see LIMPT, INC.) and he has applied to different
universities (including law school) and expanded scope of his job
search to several management jobs with two doctorate degrees and on-
going Ph.D.(Ministry) and Juri-doctor (designed unbeatable law course
– JURISDICTION received by several law schools inside and outside the
United States and one of the best Education Projects in the United
States – plug-in Google with keyword, LIMPT, INC.). Dr. Ofume has
done several contentious cases, small courts through the supreme
courts in the United States and Canada and appeals up to the United
Nations. In the world's court system, Defendant or Dr. Ofume's cases
are some of the most read cases (example see Ofume v. George W. Bush
et al – The Supreme Court of the United States No.08-8873remained
strong internationally since 2008 standing on top of most read court
cases with hit which started with 1.2 billion (2008) to not less than
130 million hit today (06/28/2010). Dr. Ofume is employable here and
there but fear to compete with him under versatile academic and
professional standing and other political issue becomes path to denial
of right to work.
___________________
Phillip C. Ofume, Ph.D.
Defendant/Tenant (Self-represented, Pro se & Forma Pauperis)
25 Trade
Street Suite 201
Fredericksburg,
cc. President Barack H. Obama; Vice-President Joseph Biden; Hon.
Secretary of Justice and Attorney-General of the United States, Eric
H. Holder, Jr.; H.E. High Commissioner, UNHCR (Geneva); etc
CERTIFICATE OF SERVICE
I, Phillip Ofume certify that I caused copies of the DEFENDANT,
PHILLIP OFUME'S OBJECTION TO PLAINTIFF, KHAWAR Z. MIAN'S CLAIM/
AFFIDAVIT FOR UNLAWFUL DETAINER ISSUED PURSUANT TO VA. CODE§ 8.01-126
Virginia, USA 22404
Comment:
Several parts of this submission were deleted. Entire motion for stay
of possession, waiver of bond and cost is deleted. see scanned
original copies. You may request filed copies which were also
attacked. Severally spots
they removed "not" to change meaning of the statement - support
plaintiff, remove statement against Virginia (Richmond) and Canadian
govt and their agencies.