By Onyewuchi Ojinnaka
A Lagos based legal practitioner, Mr. Oluyomi Dada, and one Mr. Ademola Dada have been sued by one Mr. Ronald Lanier, an American, for allegedly obtaining through deceit and fraud Letters of Administration dated December 16, 2021 of the estate of late Miss Janet Abinbola (Abimbola) Dada, an American/Nigerian, and selling one of the houses of the deceased in Victoria Island unlawfully.
The claimant, on his behalf and his siblings, filed the suit marked ID/5526GCM/2022 in 2022 at the Lagos High Court, Ikeja division.
He is claiming that the Probate Registrar (the 3rd Defendant) ought not to have granted the Letters of Administration because the estate was the subject of another suit against Mr. Yomi Dada and the Probate Registrar which was pending at the time, and he (claimant) had filed a caveat against the application for the Letters of Administration In the suit.
The full prayers of the claimant are as follows :
“A declaration that the 1st defendant obtained the Letters of Administration of the estate of late Ms Janet Abinbola (Abimbola) Dada cited as PHC/96/2020 dated 16th December 2021 and granted by the 3rd defendant in favour of the 1st and 2nd defendants fraudulently and unlawfully.
” A declaration that the 3rd defendant ought not to have granted the Letters of Administration of the estate of late Ms Janet Abinbola (Abimbola) Dada cited as PHC/96/2020 and dated 16th December 2021 in favour of the 1st and 2nd defendants and ought not to have sealed the grant.
“A declaration that the Letters of Administration of the estate of late Ms Janet Abinbola (Abimbola) Dada cited as PHC /96 /2020 dated 16th December 2021 and granted by the 3rd defendant in favour of the 1st and 2nd defendants is illegal, invalid, null and void.
“An order revoking the Letters of Administration of the estate of late Ms Janet Abinbola (Abimbola) Dada cited as PHC /96 /2020 and dated 16th December 2021 and granted by the 3rd defendant in favour of the 1st and 2nd defendants.
“A declaration that the purported sale of House 11B Idejo Street Victoria Island Lagos by the 1st and 2nd defendants to the 4th defendant and based on the said Letters of Administration issued by the 3rd defendant is unlawful, invalid, null and void.
“An order setting aside and nullifying the purported sale of House 11B Idejo Street, Victoria Island Lagos by the 1st and 2nd defendants to the 4th defendant and mandating the 4th defendant to vacate House 11B Idejo Street, Victoria Island Lagos and deliver up same to the Administrator General and Public Trustee of Lagos State, pending the appointment lawful administrators for the deceased estate.
“An order of perpetual injunction restraining the 1st and 2nd defendants, their representatives, agents, assigns , privies and / or other persons claiming through them from parading themselves as acting or continuing to act as administrators of the estate of late Ms Janet Abinbola (Abimbola) Dada.
“An order mandating the 1st and 2nd defendants to make full disclosure and give full account to the court of all the properties of the deceased that they have taken or caused to be taken and or disposed of including but not limited to Bank documents, monies in bank accounts, share certificates, documents of identity, documents of title to landed properties, the deceased Houses and other various items belonging to the deceased
“An order mandating the 1st and 2nd defendants to deliver up and hand over to the Administrator General and Public Trustee of Lagos State all the properties of the deceased that they have taken or caused to be taken and or disposed of including but not limited to various aforementioned items belonging to the deceased pending the appointment of lawful administrators for the deceased estate.
“General damages in the sum of N50 million; aggravated damages in the sum of N20 million and the cost of this suit “
The claimant also filed several documents (including search reports, copies of the application forms, etc.).
However, in their statement of defense, 1st and 2nd defendants denied the averments and claims of the claimant.
They averred that they shall at trial rely and found on all equitable and legal defences that are available to them whether or not same have been pleaded or expressly referred to in their additional statement of defense.
They prayed for a declaration that the intestate of the deceased is subject to Yoruba native law and custom; that they are entitled and rightfully appointed as Administrators to the estate of deceased Abinbola Janet Dada.
They urged the court to dismiss all the reliefs sought by the claimant with substantial cost.
Besides, the 1st and 2nd defendants also filed a notice of preliminary objection, claiming that the claimant did not appoint Olawole Araromi Esq. of LEXX & SOPHY as his counsel and that the claimant is a fake person.
But the claimant had filed copies of the letter by which he appointed his counsel, his notarized international passport, emails from Mr. Oluyomi Dada admitting and acknowledging him as Mr. Ronald Lanier and asking him for an amicable resolution of the matter.
The presiding judge Justice (Dr.) Latifat Folami ruled that she could not judge the application on the affidavit evidence before her, as they were conflicting, and she requested the claimant to give oral testimony. The claimant had applied to testify by virtual hearing and the Judge approved it.
However, the 1st and 2nd defendants later objected and the Judge reversed her approval and ordered the claimant to come to Nigeria in person to testify. The claimant failed to appear in court in person twice.
At the resumed hearing of the matter on 8th October 2024, Mr Olawole Araromi announced his appearance with John Alade Esq. for the claimant, while Mr. Ayoola Julius with Kehinde Daramola Esq. appeared for the first and second defendants Mr Yomi Dada and Ademola Dada.
The third, fourth and fifth defendants who are the Probate Registrar, Lagos State High Court Ikeja; the Undisclosed occupier of House 11b Idejo Street Victoria Island Lagos; and Black Horse Plastics Industries Limited respectively, had no legal representation.
Mr Araromi informed the court that the claimant had just filed an application that morning, seeking the special leave of the court to permit his non-physical appearance to testify in court to the authenticity of his identity and to use his affidavit evidence instead;
He also noted that though he had served the 1st and 2nd defendants’ counsel in court, the application could not be put in the court’s file that morning.
Responding, the defence counsel Mr Ayoola Julius told the court that he was just served with the application in court and besides, “my lord had ordered the appearance of the claimant in this suit in court”.
He submitted that the last time the matter came up was in July and the claimant failed to appear in court, and he wondered why the application should be filed at the last minute.
Mr Ayoola concluded that the application could not be heard that day because he would need time to respond to it. He submitted that the claimant deliberately filed the application at the last minute to frustrate the day’s proceedings and if the court would grant an adjournment, he wanted the sum of one million naira as his cost for the day.
The Judge asked the Claimant’s counsel to address the court because the matter was adjourned to that day, 8th October 2024 for definite hearing.
Addressing the court, the claimant’s counsel apologised and said that the delay in filing the application was not deliberate.
He explained that the claimant only just received one of the documents needed for the application from the Nigerian embassy in New York on the 2nd of October and sent all of the documents by courier on the 3rd of October to him (Mr. Araromi).
He stated that he received them in the afternoon of the 7th October and did his best possible to prepare and file the application in less than 24 hours.
In her bench ruling, Justice Folami stated that the court has given the claimant every opportunity to present himself and that on the last date the claimant’s counsel said that the claimant will be in court today but he is not.
The Judge then awarded a cost of N200,000 against the claimant, in favour of the 1st and 2nd defendants and adjourned the matter to October 22 for hearing of the claimant’s application.