•Church, doctor battle for house
The battle line is drawn over an auctioned property in Yaba, Lagos Mainland, which the plaintiff is claiming was illegally sold. Was it illegally sold as claimed by Dr Ayodeji George who alleges that the court judgment approving the sale of the house was secured in his absence? OKWY IROEGBU-CHIKEZIE.
Was House 10 Shiro Street in Fadeyi, Yaba, Lagos Mainland lawfully auctioned? This is the issue for determination by a Lagos High Court as the ownership tussle over the house left behind by the late George Sule deepens.
The sale of the building by the Deputy Sheriff of the Lagos State High Court to the Diocese of Lagos Mainland (Anglican Communion) of the Cathedral of St. Jude prompted the suit filed by the deceased’s son, Dr Ayodeji George. The plaintiff is challenging the sale in the grounds that the court verdict approving the auction was secured in his absence.
Joined as defendants in the suit are the Deputy Sheriff, a buyer, Mr. Christopher Abugo and the church.
The property, according to George, was illegally attached to satisfy the monetary judgment sum of N1.8million being legal fees of Abugo, who was hired by the beneficiaries and Trustees of the will of Late Pa George Sule.
George is one of the children and executors of the estate of his late father, who died testate on August 29, 1994. The probate of his Will dated July 2, 1993 was granted by the High Court of Lagos on July 14, 1999 to the plaintiff and his sister, Mrs. Ajokeoluwa Odushina (nee Goerge Sule) as executor/executrix.
The Deputy Sheriff purportedly sold to the Anglican Church by public auction, the property devised to the claimant by his late father pursuant to the wrongful and unlawful execution of the judgment sum of N1.8 in suit LD/1030/96 instituted by the second defendant, Mr. Christopher Abugo against the estate of late George Sule as legal fees.
According to the claimant, Abugo (trading under the name and style of Chris Abugo & Co, Legal Practitioners) had instituted the suit against Mrs. Olufunke Alabi (Nee George Sule), Mr Ayodeji Gerge Sule, Mr Sunday Ogunbo and Mrs. Ajokela George Sule (for themselves as beneficiaries and as Trustees of the will of the late Pa George Sule) for N4,136,624.23 being second defendant’s bill of charges for professional legal fees in connection with the said estate, which sum was allegedly due when Abugo was debriefed.
When the matter initially started, Ayodeji said he gave evidence against Abugo’s claim before the then trial Judge, Bode Rhodes-Vivour, before he eventually returned to the United States of America. He said he was later informed that Rhodes-Vivour had been elevated to the appellate court having adjourned for judgment. Unknown to him, the suit was commenced de novo before Justice S.O Ishola in May 2008. He said he became aware of the suit recently when the occupants of the building told him that the new owner had instructed them not to pay any rent to him, thereby wrongfully and unlawfully depriving him of his bequest in satisfaction of the judgment debt awarded against the entire estate of the late George Sule.
The claimant alleged that the judgment and the subsequent order for attachment and sale of the claimant’s devise were obtained as a result f the gross misrepresentation that the third defendant, Sunday Ogunbo, was an executor of the estate and that probate had not been granted, which he claimed to be false, as the administration of the estate had been completed since 2000.
All through the suit before the new Judge, Dr. George said he was not aware, neither were their proper parties and that affected his right to fair hearing and to own property under the 1999 constitution, contesting that any judgment therefrom is a nullity. He also said the property sold in December 2011 was grossly undervalued at N28.7million and that Sunday Ogunbo, who represented him does not have the locus standi, having renounced probate since 1995.
George alleged that both the Deputy Sheriff and Mr Christopher Abugo acted in bad faith when they applied to the court for the attachment and sale of his property when they were aware that he was domiciled outside Nigeria being a practising medical practitioner in the US and had no notice of the motion for the attachment of his property.
He is, therefore, seeking that the court should declare that he is entitled and deemed the holder of the statutory right of occupancy over the property, a declaration that the purported sale of the property by the Deputy Sheriff to the Anglican Church is malicious and fraudulent and violation of his right as well as null and void. He also wants the court to hold that the defendants are liable for trespass, having acted on wrong representation and an order setting aside the entire judgment.
In his defence, Abugo, said Sunday Ogunbo, is the second executor of the Will of late George and is described and called “my junior brother of No. 18, Adebowale Street, Akure” in the said Will, arguing that the Deputy Sheriff lawfully sold the property by public action and was bought by the church, being the highest bidder, at the public auction in execution of the judgment of the High Court.
The legal practitioner said the allegation of non-service cannot be sustained as the writ of summons and statement of claim were served on both Ayodeji and his sister at No 9, Ekololu Street, Surulere, Lagos and were represented by the late P.E.M Alenkhe of 10, Shiro Street, Fadeyi, Yaba, Lagos and later of No. 20, Obanikoro street, Obanikoro, Lagos, adding that they filed a joint amended statement of defence and counter-claim.
According to Abugo’s defence, signed by his counsel, Otunba Segun Demuren, the claimant, Ayodeji George, absconded and ran away while being cross-examined by him before Rhodes-Vivour, though George’s counsel continued to make representation, adding that his counsel in open court said efforts to get his clients were unsuccessful, as they repeatedly ignored his phone calls, leading to protracted adjournments, during which the court issued hearing notices to them, submitting that it would be wrong for the claimant now to alleged deprivation of any bequest.
Assuming George’s claim was true, Abugo, said the auctioned property’s title does not vest in the claimant, part of the estate of the late Pa George Sule even up till today.
In his summation, Abugo said the judgment of the trial court to sell and attach the property is valid, therefore, the claimant’s claims are frivolous, mischievous, an abuse of the due process and should be dismissed with N2million cost in his favor.
The Anglican Communion said it bought the property through a bid process, for evangelism and that the Chief Judge of Lagos State, had by the issuance of certificate of purchase of land dated March 9, 2012 transferred the right, title and interest in the property to the church.
In its defence by its lawyer, the church said that it acted in good faith, in all honesty, without fraud, collusion or participation in any wrong doing, asking the court to hold that the claimant’s claims and prayers are frivolous, utterly baseless, vexatious and should be dismissed with cost.
The court has adjourned till January 9, 2013.
