14th February, 2014
Henry Ojelu
An 86-year-old widow, Mrs. Adedayo Dada, has sued the Acting National Vice-Chairman, the southwest zone of the Peoples Democratic Party (PDP), Mr. Deji Doherty, and his firm Timicom Telecommuications Ltd, over her late husband’s estate.
The widow in her statement on oath before an Ikeja Magistrate’s Court alleged that the defendant had misrepresented facts to the sub-tenants of a property she inherited from her late husband, Dr. Ekundayo Dada, located along Joel Ogunnaike Street, GRA Ikeja, Lagos, southwest Nigeria.
The widow and the administrators of her late husband’s estate told the presiding Chief Magistrate Eniola Fabamwo, that her husband entered into an agreement with the defendant for the lease of the property for a term of two years, commencing from 19 February, 2001 to 19 February, 2003.
She added that in October 2001, the defendant sought the consent of the lessor, in a letter dated 30 October, 2001 to extend the said lease for an additional five years but her husband only consented to extend the lease for an additional three years.
The lease was further extended for one year, from 19 February, 2007 to 18 February, 2008 in the sum of N1,600,000.
Mrs. Dada stated that her husband died during the period and the management of the said premises was passed to her as the surviving spouse of the lessor and the beneficiary of the property.
Subsequently, after her husband’s death and negotiations with the defendant, she further extended the lease to 18 February, 2013.
She alleged that she wrote the defendant a letter dated January 30, 2012, that she and the estate of the lessor had agreed to make personal use of the property at the expiration of the lease and issued a Notice to Quit dated 3 June , 2012.
But surprisingly, the defendant informed her that it had rented the building to third parties up to 2015, contrary to the lease agreement.
She averred in her statement on oath that “the defendant had at different times made unauthorised alteration to the building and had rented it out to nine different sub-tenants for various terms.”
She added that the wife of Doherty, Mrs. Abiola Doherty, on 25 October, 2012 sent her an email showing the schedule of tenants that the defendant had collected monies from and when the term granted to them would expire.
She alleged that the defendant had fraudulently misrepresented facts to the sub-tenants and thereafter rented the premises beyond the term granted him without her prior or subsequent consent or ratification.
However, the defendant, in his defence and counter claim, filed before the court stated that he did not breach any covenant as the approval of the late Dr. Ekundayo Dada was obtained before he built the shopping complex in the premises.
The defendant stated that the late Dr. Dada pleaded with him to take over the premises and carry out any renovation necessary either for residential or business premises in order to salvage the property from collapsing, adding that there was however an agreement that should the premises be used for business, it must be converted back to residential status upon the termination of tenancy.
P.M.NEWS learnt that as a result of the understanding between the defendant/counterclaimant and the plaintiffs/defendants predecessor (Dr. T. Ekundayo Dada) the defendant/counterclaimant invested about N40 million and carried out massive reconstruction of the premises which was done in two phases.
As a result of the huge investment made by the defendant/counterclaimant, he insisted on long lease in order to recoup his investment but the late Dr. Ekundayo being a retiree insisted on yearly tenancy as he may often need money but assured the defendant/counterclaimant that there will be no problem being a bosom friend of Dr. Tunji Doherty, father of the defendant/counterclaimant chairman.
The defendant stated that the plaintiffs never raised any issue about the shopping complex built in the said premises even when the widow took over the administration of her late husband’s property upon his demise in 2007.
He said that the problem began in 2013 when disagreement ensued between them over increase in rent to N10 million and the plaintiff demanded for three years advance payment in the sum of N30 million.
The defendant added that whenever he complains about the outrageous increase in rent, Mrs. Dada will tell him to pass it on to the tenants in the premises.
While urging the court to dismiss the suit with substantial cost, the defendant also prayed the court to grant it additional five years subject to payment of reasonable rents to enable it recoup its investment in the demised premises.
It also prayed the court for an order authorising it to convert the premises to residential premises in accordance with the tenancy agreement.