Ex-Air Commodore loses bid to nullify property sale

A Lagos State High Court has thrown away a suit filed by a retired Air Commodore, Ademola Onitiju, challenging the sale of a four-bedroom duplex in Dolphin Estate, Lagos by the landlady of the property.

Justice Bola Okikiolu-Ighile dismissed the suit described as “frivolous and vexatious” as all the claimant’s evidence does not support any of the reliefs he had sought.

Delivering judgment on the matter, the judge declared: “In conclusion, the court has placed the evidence of the claimant on one side and that of the defendants on the other on the proverbial imaginary scale and aimed at its decision.

“The claimant’s case, therefore, fails in its entirety and it is hereby dismissed. I find it difficult to grant any of the reliefs sought in the claims (I) – (vii). The claimant shall relinquish possession of the property to the new owners, the 3rd defendant forthwith. This is the judgment of the court.”

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 Onitiju, who was a yearly tenant in the house, sued the landlady and three others for selling the property to another person after he had been informed in writing that the property had been sold.

The defendants in the suit are Mrs Theodosia Ogunnaike, Omo Ogunnaike, Colonel Samuel Aboyemi Dare (retd.), and Lagos State Development Property Corporation as the first to fourth defendants, respectively.

The claimant had asked the court to declare that the sale of the property to a third party should be considered null and void and of no effect.

 “An order of injunction restraining the 1st and 2nd defendants either by themselves, servants, agents or privies from enforcing the quit notice dated May 19, 2021 on the claimant in respect of the four-bedroom duplex together with self-contained one-bedroom chalet situate at No 49B, Lafiaji Way, Dolphin Estate, Ikoyi, Lagos,” he had prayed.

But the 1st defendant in her response stated that she’s a widow and retired businesswoman who was managing the property on behalf of her daughter.

She explained that when the decision to sell the property was reached, the 1st and 2nd defendants first offered the claimant the opportunity to buy it, but he didn’t have the money to do so, adding that there is no contract of sale between them.