Justice Lateef Lawal-Akapo of a Lagos High Court sitting, Ikeja has restrained Titilayo Adeduntan Cole and her agents from selling or leasing properties situated at No 27, Obafemi Awolowo way, Ikeja, Lagos.
The court also stopped her from selling or leasing properties at No 26 Amidat Illufunmi street, Ejigbo Lagos and a plot of land situated at Aparadija village at Itele, Ota, Ogun State, pending the hearing and determination of the suit.
The order followed an application filed by the claimants in the suit marked ID/9247GCMW/2022, asking the court for a perpetual injunction restraining the defendant and her agents from leasing or selling the properties.
The claimants, Madam Adenrele Cole, Mr. Adetokunbo Cole and Mr Adekunle Cole sued by their counsel, Mr. Temitayo Sanni, while Mr. Adegboyega Cole joined as the 4th claimant, representing the executor to the estate of late Mr. Adewale Cole.
The claimants had in their motion on notice prayed the court for an order of perpetual injunction, restraining the defendant, her agents, servants, privies or otherwise whosoever from selling or leasing or proceeding with the sale of the properties.
In the claimant’s statement of claim, stated that first and fourth claimants are the children of late Adewale Cole as well as the executrix and executor to the will of their late father.
The claimants in a 20 paragraphs affidavit averred that first and 4th claimants became seized of the property at 27, Awolowo way Ikeja by virtue of inheritance.
“The defendant has been parading herself as the owner of the properties, without the knowledge and consent of the claimants, engaged estate surveyor and valuer to surreptitiously evaluate the properties, making effort to depose these properties,” they swore.
However, Justice Lawal-Akapo in his ruling held there is evidence of service by substituted means on the defendant as reflected in the affidavit before the court.
The court, citing various decisions of the higher courts, held that the affidavit of service is prima facie evidence of service and in the absence of any evidence to the contrary should be believed and acted upon.
The court held that the application of the claimants succeeded and was therefore granted. The matter has now been assigned to Justice D.T Olatokun who has fixed January 31, 2024 for hearing.
