Court Restrains Sale, Lease of Lagos Property
A Lagos High Court, sitting in Ikeja, under the stewardship of Justice Lateef Lawal-Akapo, has issued an order restraining Titilayo Adeduntan Cole and her agents from selling or leasing properties located at No 27, Obafemi Awolowo Way, Ikeja, Lagos. The court also halted any transactions involving properties at No 26 Amidat Illufunmi Street, Ejigbo, Lagos, and a plot of land in Aparadija village, Itele, Ota, Ogun State, pending the hearing and determination of the suit.
The directive came in response to an application filed by the claimants—Madam Adenrele Cole, Mr. Adetokunbo Cole, and Mr. Adekunle Cole—in a suit marked ID/9247GCMW/2022. The claimants sought a perpetual injunction to prevent the defendant and her agents from selling or leasing the mentioned properties.
According to the claimants’ counsel, Mr. Temitayo Sanni, the first and fourth claimants are the children of the late Adewale Cole and serve as the executrix and executor to their late father’s will. The claimants asserted that they inherited the property at 27, Awolowo Way, Ikeja.
In their statement of claim, the claimants alleged that the defendant, without their knowledge or consent, portrayed herself as the owner of the properties. They accused her of engaging an estate surveyor and valuer to evaluate the properties and attempting to dispose of them.
Justice Lawal-Akapo, in his ruling, noted evidence of service by substituted means on the defendant. Referring to various decisions of higher courts, he emphasized that the affidavit of service is prima facie evidence and should be believed and acted upon in the absence of contrary evidence.
The court granted the claimants’ application, and the matter has been assigned to Justice D.T Olatokun, who scheduled the hearing for January 31, 2024.
