The High Court of Lagos State has set aside the sale of a property on 59, Olonade Street, Yaba, by the wife of the Alake of Egbaland, Olori Tokunbo Gbadebo.
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Justice Justice A.M. Nicol-Clay agreed with submissions of the plaintiffs’ counsel, George M. Oguntade (SAN).
She held in the judgment delivered on Monday that the sale of the property was improper.
Three siblings – Fitzgerald Awogboro, Francis Awogboro and Mrs Irene Sirimis – had prayed the court to commit their aunts Gbadebo and Mrs Mary Philippa Ciroma to prison for alleged contempt of court ex facie curiae.
The applicants had, by their Writ of Summons and Statement of Claim dated January 21, 2019, prayed the court for an order of perpetual injunction restraining the defendants “from further acting, dealing, meddling or in any manner interfering in the administration and execution of the Estate of the Late Chief Joseph Folahan Odunjo.”
According to the claimants, one of the properties forming part of the Estate of the Late Chief Odunjo and which is the subject matter of the suit is the residential property at 59, Olonade Street
The applicants said despite the pendency of the court proceedings in which they are participating, the defendants, sometime in October 2020, “proceeded to sell the property for an alleged consideration of N75million”.
The plaintiffs told the court that the conduct of the defendants in selling the property despite the pending suit “was deliberate, reckless and calculated to interfere with the due administration of justice”.
Besides, they said the defendants’ conduct “is an affront to the integrity of the court and constitutes a contempt of court ex facie curiae”.
The defendants had denied the claims but the judge agreed with the plaintiffs.
In a supporting affidavit, Awogboro, who is one of the grandchildren of the Late Chief Odunjo, said his grandfather died testate in Lagos on April 19, 1980.
He said he received unverified information on November 22, 2020, that the defendants may have sold the property despite the pending suit.
He said Oguntade wrote the defendants’ counsel Mrs Titilola Akinlawon (SAN) on November 26, 2020 to ascertain the truthfulness or otherwise of the information relating to the sale.
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