Justice Dorcas Taiwo Oladokun of a Lagos High Court, Ikeja has refused to set aside an interlocutory injunction, restraining Mrs Titilayo Adeduntan Cole from selling or leasing properties situated at 27 Obafemi Awolowo Way, Ikeja, Lagos.
Other properties listed in the order of the court include No 26, Amidat Ilufunmi Street, Ejigbo Lagos and a plot of land situated at Aparadija village at Itele Ota, Ogun State, pending the determination of the suit.
The court said the defendant’s motion on notice for an order to set aside the interlocutory reliefs granted in favour of the claimant failed and therefore struck out.
However, the court granted an order to stay proceedings in the suit marked ID/9247GCMW/2022.
“The alternative prayer in the defendant’s notice of preliminary objection dated March 14, 2023, praying for a stay of proceeding pending the determination of suit marked ZZ21D86049 before the Central Family Court of England & Wales succeeds and further proceeding in this suit is hereby stayed until the conclusion of the matter in the United Kingdom (UK) court,” the judge declared.
It would be recalled that Justice Lateef Lawal-Akapo had in a ruling dated March 28, 2023, ordered an interlocutory injunction, restraining Mrs Cole and her agents from selling or leasing the properties before the case was reassigned to Justice Oladokun.
The court order was a sequel to an application filed by the claimants (in the suit marked no ID/9247GCMW/2022), Madam Adenrele Cole, Mr. Adetokunbo Cole and Mr Adekunle Cole by their Attorney, Mr. Temitayo Sanni, while Mr. Adegboyega Idowu Cole, who sued as an executor to the estate of late Mr. Adewale Cole as the 1st to 4th claimants respectively.
The claimants had in their motion on notice filed by their counsel, Mr. David Kupolati, prayed the court for an order of perpetual injunction against the defendant, her agents, servants, privies or whosoever from selling or leasing the claimants’ properties pending the substantive suit.
The claimants stated that the first and fourth claimants are the children of the late Adewale Cole as well as the executrix and executor to the will of their late father.
The claimants’ 20 paragraphs affidavit deposed to on January 20, 2023, together with exhibits attached thereto, averred that the first and 4th claimants (Madam Adenrele and Adegboyega Cole) became seized of the property at 27 Awolowo way Ikeja by inheritance.
It was averred that the 2nd and 3rd claimants are the children of the 4th claimant from the first wife who is now late.
“The 4th claimant transferred his interest in the properties situated at no 26 Amidat Ilufunmi street; 27 Awolowo Way Ikeja and land at Aparadija village, ltele jointly to 2nd and 3rd claimants vide a deed of gift.
“The defendant has been parading herself as the owner of the properties, without the knowledge and consent of the claimants, an engaged estate surveyor and valuer to surreptitiously evaluate the properties, making an effort to depose these properties,” the claimants swore.
The claimants stated that as a result of the defendant’s attempts to sell their properties, they were constrained to engage the service of a lawyer and incurred special damages in the sum of N5 million only.
However, the defendant in her preliminary objection had prayed the court to dismiss the suit for lack of jurisdiction. She prayed the court for, “an order to set aside the proceeding for gross misrepresentation of facts, non-disclosure of necessary facts and suppression of material facts. While ruling, Justice Oladokun held that he found no merit in the application and accordingly struck it out.
