17th June, 2010
A former member of the Ogun State House of Assembly, Mr. Ajibola Ganiyu Ogunsiji, has been dragged before a Lagos High Court by his family members over alleged unauthorised mortgage of their property.
In a claim filed before the court by Barrister Segun Oladitan on behalf of Ogunsiji’s family, it was alleged that the former lawmaker and three others, Modinat Ogunsiji, Abiodun Ogunsiji and Lukman Ogunsiji, are joint owners, by inheritance, a property situated at 6/8, Osolo Way, Ajao Estate, Lagos State, Nigeria.
The claimants averred further that pursuant to the decision of the beneficiaries and administrators of the estate of their father Odebode Ogunsiji, who died intestate on 30 July, 1996, Mr. Ajibola Ganiyu Ogunsiji, as the eldest son, had the custody of the original title documents of the property.
However, between 21 and 25 May this year, several prospective buyers came to inspect the property on the instruction of Intercontinental Bank and was later discovered that the bank and Skye Bank Plc are determined to sell the property as it was alleged that Mr. Ajibola Ogunsiji, contrary to the decision of the family, did not register the deed of assent but mortgaged it to the banks.
Consequently, after a search conducted at the Lands Registry, Ikeja, the claimants discovered encumbrance on the property by way of a mortgage dated 20 September, 2004 and registered as 28, page 28 in volume 2100.
The claimants contended that the consent of the two surviving administrators were neither sought nor obtained before the property was pledged as security for mortgage, while that of four out of the five beneficiaries were not also obtained.
Therefore, the claimants urged the court to set aside as illegal, null and void, the deed of mortgage, while it was also urged to restrain the two banks and their agents from disposing of, by way of sale or dealing with the property sited at 6/8, Osolo Way, Ajao Estate, Lagos.
The claimants, in their prayer, also implored the court to mandate the two banks to hand over to them, the Deed of Conveyance dated 17 March, 1978, at the Ikeja Lands Registry, in respect of the property, the subject of the suit.
Oladitan has also filed another application before the court asking for mandatory injunction restraining the defendants and their agents not to do anything pending the determination of the suit.