Squabble and legal action over the estate of Theophilus Owolabi Shobowale Benson, have torn apart the family of the former Information Minister and flamboyant socialite popularly known as TOS Benson, who died on February 13, 2008 at the age of 90.
His two sons, Hewett and Oluwayomi, sued their mother, Opral, a socialite, and Chairman of the board of the Foundation for Environmental Development and Education (FEDEN)/Leadership for Environment and Development Anglophone West Africa (LEAD-AWA).
Other defendants are also Benson’s children, Lionel and Chima.
The property in dispute is at 2 Adeyemi Lawson Street, Ikoyi Lagos.
The claimants stated in their affidavit that they are the beneficiaries of the estate of Benson while the defendants are the executors of the estate.
They asked the court for
• A declaration that they are entitled to have legal estate in the property vested in them.
• An order for directions as to the vesting in them the property, an order partitioning the property between the claimants as shown in the provisional survey plan.
• An order that the partitioned portions of the land shall be and are vested in them absolutely for the interest and remainder of the estate or term of years held by their father at the time of his death.
The claimants argued that in their father’s will, dated December 30, 1989, he devised the property to the claimants, and for them to divide or partition the property between them, they made a request to the executors of the estate to grant them assent to the property.
While other executors of the estate signed the deeds of assent, they added, only Chima refused to sign on the grounds that she had instituted a suit challenging the capacities of other executors to continue to manage and administer the estate of their father.
Justice Morenike Obadina delivered judgment in favour of the claimants, stating that while other executors signed the deeds of assent, only Chima refused to sign.
“I therefore accept the unchallenged evidence of the claimants. I hold that they are entitled to the reliefs claimed which is to give effect of the last will and testament of [Benson]” with regard to the property, the judge ruled.
The court also held that Chima did not apply for a stay of the proceedings to await the outcome of the suit she had earlier filed, adding that her refusal to give her assent to the deeds of assents was unjustified.
