29th June, 2010
Ten beneficiaries of the estate of Alhaji Mojeeed Olatunji (a.k.a omo owo) have dragged the executor of the estate before a Lagos high court over an alleged sale of some of the properties of their father without consulting them.
An affidavit sworn to by one of the beneficiaries, Abdul Waheed Olalekan Omotayo, on behalf of other beneficiaries, averred that Mrs. Ramotalai Oyinlola Oduwole and Mr. Babatunde Omotayo are the executors of the last will and testament of their father, who died on the 13 June, 1985.
The deponent averred further that their father in his will expressed his intention that six properties at 34 Warehouse Road, Apapa; 72 Norman Williams, Ikoyi; 44 Adeyemo Ajegunle, Apapa; 19 Ojo Giwa Street, Lagos; 2 Banjo Street, Surulere and 26B Lewis Street, Lagos should be let out or rent and the proceeds passed to his estate.
However, the respondents upon assuming duties as executors and in total disregard to the said will sold the properties listed above, despite the fact that they didn’t have power to do so.
The applicants contended that they have been prejudiced by the sale of these properties, consequently, they urged the court to declare that the sale of the properties contrary to the provision of the last will and testament of their father is illegal, ultra vires, null and void.
In their counter affidavit sworn to by the eldest son of the testator, Babatunde Omotayo, the deponent while denying almost all the averement of the applicants, stated that one of the properties, 26B Lewis Street, Lagos, does not belong to the estate as it has been returned to the original owner in terms of developer’s agreement while property at 44, Adeyemo Street, Ajegunle Apapa now 41, Bale Street was not mentioned in the will.
Babatunde Omotayo said properties at 19, Ojo Giwa Street and 2 Banjo Street, Surulere are still intact and were never sold.
As regard 34 Warehouse Road, Apapa, it was razed down by fire and 44 Adeyemo Street got sunk below sea level as a result of excessive flooding, therefore they have no option than to dispose them off as they became dilapidated and uninhabitable.
The respondents also averred that they were not precluded or restricted from exercising the power of sale of any of the properties contained in the will, therefore they should be commended for a job well done. Therefore, for further effective administration and interest of justice be served, the reliefs sought by the applicants should be dismissed.
Justice Oluyinka Gbajabiamila has adjourned further hearing till 15 July this year.
—Akin Kuponiyi
