From Damola Adeloye, Ibadan
Oyo State High Court sitting in Ibadan yesterday dismissed the preliminary objection raised by the first defendant, Biola Titilayo that Professor Segun Lagoke, Mr Olawuyi Lagoke and two others do not have the locus standi on the properties of late Chief Olalekan Lagoke situated at Ikolaba area of Ibadan.
In his ruling, Justice KB Olawoyin emphasised that the non-provision of a letter of administration by the four claimants of late Chief Lagoke, who died in testate, did not invalidate their relationship as family members.
The claimants sued Titilayo and Dr Jimoh Ahmed in respect of the properties which include a duplex at No 4 Gbedu Street, Ikolaba Estate, a completed landed property at Keinsi Village near Paara, New Airport area in Ona Ara Local Government, uncompleted landed property situated at Ikolaba area and containing 518.452sq metre of land, part and parcel of the estate of the late Chief Lagoke.
The claimants, through their counsels, Peter Idowu and Taiwo Adedirsn, prayed the court to declare that the first defendant has no legal authority to sell any of the properties contained in the estate and that the purported sale of the uncompleted land at Oba Oni Street, Ikolaba area, with survey no plan Oy/3912/2020/060 dated August 31, 2020 by the first defendant to the second defendant was illegal.
However, Justice Olawoyin declared that the four claimants were not busy bodies as alleged by the first defendant.
The judge noted that Professor Lagoke and Mr Olawuyi Lagoke were acting for themselves and on behalf of other members of the Lagoke family, whereas Mr Gbolahan Lagoke and Mrs Adeola Aminat Lagoke were acting for herself and as a friend of Funmilayo Lagoke.
The judge emphasised that the first and second claimants were younger brothers to the deceased and Section 41 of the Estate Law of Oyo State allows the first and second claimants to sue in the properties of their later brother since the children are minors.
Justice Olawoyin stated that the claimants had declared that the late Lagoke only cohabitated with the first defendant when he returned from Lagos to Ibadan and that there was no child between them, therefore referring to the claimants as busybodies on the case was null and void.
The trial judge averred that the fact that the claimants did not present a letter of administration on the properties before the court cannot prevent them from representing their family in protecting the properties of their late brother.
The claimants in their writ of summon are asking the court for an order of perpetual injunction restraining the defendants and others from interfering, entering, disposing, selling, building or undertaking any construction work, tampering or dealing in any manner whatsoever with the properties of the deceased.
Justice Olawoyin later adjourned the case to June 16 for case management conference.
