A Lagos High Court sitting in Ikeja has restrained Josiah Akinhanmi and the probate registrar from parading themselves as the administrators of the properties left behind by the late Madam Isabella Kofoworola Akinhanmi.
Justice Olajumoke Emeya issued the order last Friday while delievering judgement in a suit filed by John Alani Soluade and Funmilayo Akinbayo, beneficiaries of the will of the late Madam Akinhanmi.
The defendants in the suit are Akinhanmi, an engineer who represented the family of the late Pa Joshua Akinhanmi, husband to the late Madam Akinhanmi; the Probate Registrar; administratotrs of the estate of Pa Akinhanmi; Incorpotarted trustees of the First Anglican Mission and the Administrator-General of Lagos State.
Justice Emeya restrained the first and third defendants; the Probate Registrar; Lagos State; their agents; caretakers; privies and successors-in-title or assigns from interfering in the administration of the properties situated at 174 and 186 Murtalla Muhammed Way, Ebute Metta, Lagos, left behind by the late Madam Akinhanmi.
They were also barred from collecting rents, annuity, royalties or any form of revenue whatsoever or ejecting tenants or managing and controlling the Ebute Metta properties.
The claimants, in a nine point relief contained in their amended statement of claim, had prayed the court to declare, among others, that the second defendant is not entitled to deal or dialogue with or consider any probate application from the first defendant in respect of the estate of late Madam Kofoworola Akinhanmi.
In addition, the claimants sought the court’s declaration that the first defendant has no title or interest in the estate of the late Madam Akinhanmi as relates to the Ebute Metta properties.
They also sought a declaration that the first and second claimants and Mrs. Cicilia Abike Osoba are beneficiaries of late Madam Akinhanmi in respect of the Ebute Metta properties.
In their amended statement of defence, the first defendant urged the court to uphold that the claimants are not adopted children of late Madam Kofoworola Akinhanmi, who died childless.
The defendants wanted the court to uphold that the late Pa Akinhanmi, who died in January 1938, was the original owner of the two properties at Ebute Metta .
Among issues listed for determination by the defendants were that the court should determine that the claimants have failed to establish that the late Madam Akinhanmi made a valid Will that could give the Ebute Metta properties to them (the claimants).
Justice Emeya based her judgement on two issues; whether the will of late Kofoworola Akinhanmi dated July 9, 1984 was valid and that of the custody of the first defendant.
In her judgement, the judge held that the late Madam Akinhanmi, validly adopted the first claimant having taken him in to nurse him since he was six years old and sent him to school.
She held that the copy of the Will found with the probate registrar and the one at the office of Abiola Oshodi, the solicitor to to the late Madam Akinhanmi, though not signed nor witnessed by anyone as her last Will and testament, were the same.
The judge said the late Madam Akinhanmi’s solicitor’s office was the proper place for her Will to be kept.
She said she believed that Madam Akinhanmi was of sound mind and had the capacity to make the Will as at the time she died as the issue of her ability was not in contention.
