The residence on 33 Balogun Avenue, Lagos, is in dispute. There are two claimants. Although the Dr. Charles Oladeinde Williams’ loved ones wants their asset handed again to them, the Lebanese business, which supposedly leased it, claims the home had prolonged been marketed to them. Taiwo Hassan, who has been following the disagreement, stories

For the previous Chief Clinical Director of Unity Clinic, Lagos, Dr. Charles Oladeinde Williams, it is been a tug-of-war seeking to reclaim his inheritance. His father, late Clarence Olatunde Williams, inherited the house with his siblings from their individual father, James Wilson. His father, and his uncle, Charles Adeyinka Wilson, as well as his aunts, Florence Aduke Bajomo (Nee Williams) and Adenike Wilson, experienced leased the property to Mohammed El-Khalil and other individuals in 1953.

The lease was for 50 several years. And the 10-storey building was on 3/5, Bankole Avenue, Lagos, at that time. The street experienced because been rearranged and it is now on 33 Balogun Avenue. Williams Snr. and his siblings experienced declared by themselves owners of the aforementioned property by inheritance beneath indigenous rules and customs. But in 1953, they granted a 50-12 months lease of the home to Messrs Mohammed El-Khalil and Ramiz Moukarim.

Nevertheless, a little in excess of a few yrs (1956) soon after the execution of the 1953 lease, Moukarim and El-Khalil allegedly claimed to have out rightly bought the property from Williams’ father and his siblings the same brothers and sisters who manufactured the 1952 Declaration and signed the 1953 lease. But Williams has taken care of that he had no understanding of the purported sale of the property, insisting that the Lebanese were being occupying the setting up beneath the 1953 lease.

At the expiration of the lease on March 31, 2003, the Lebanese, Williams explained, refused to vacate the home, prompting him to formally notify them of the expiration of the lease, although at the identical time requesting them to vacate the house. Williams said: “We approached the Lebanese to get again our residence, but their reaction was disheartening. As an alternative of complying, they claimed that the home experienced been offered to their progenitor three a long time into the lease agreement. This, they explained, was perfected in 1956.

They drew our interest to the 1956 Deed of Transfer below which they claimed the property was bought to them.” Anxious by the switch of functions, the 85-calendar year-aged Williams carried out a search at the lands Registry, Alausa, Ikeja, but what he found out was far more confounding. It was learned, according to him, that the Deed of Transfer of title was in truth registered by the Lebanese as the rightful house owners of the property, hardly three a long time immediately after the graduation of the 50-yr lease by the Williams’ family.

Not satisfied with what they noticed, the Williams went to obtain a duplicate of the 1956 Deed of Transfer and forwarded exact to the Forensic Science Laboratory of the Nigerian Law enforcement, Alagbon, Lagos, for more scrutiny and to verify the authenticity of the signatures of his father and his father’s siblings and when compared with people on the 1953 lease. Just after the analysis of the forensic report, the Law enforcement concluded that the signatures on the 1956 supposed Deed of Transfer of title were being totally unique from those on the 1952 declaration and the 1953 Deed of Lease.

They subsequently declared that the 1956 Deed of Transfer was cast. A different seeming abnormality that caught Williams’ eyes was the failure of the 1956 Deed of Transfer to terminate or even make any variety of reference to the 1953 Deed of Lease, which ordinarily should to have been the case.

It was also found that the Lebanese inadvertently misrepresented or wrongly explained Williams’ aunt, Adenike Wilson, as “Anike Wilson” in the purported 1956 Deed of Transfer despite the actuality that in the 1952 Declaration and 1953 Lease, the same aunt was continually explained as Adenike Wilson. It was the mix of the Police conclusions and these contradictions that prompted Williams to tactic the Superior Court of Lagos State to seek out to void it and to recuperate their family’s house.

On March 8, 2012, the loved ones commenced a suit at the Superior Court docket of Lagos Condition, towards El-Khalil & Sons Attributes Limited and three some others. They included the personalized reps of the Estate of Mohammed El-Khalil, individual reps of the Estate of Ramiz Moukarim and the Registrar of Titles, Lands Registry of Lagos Point out as defendants. Williams had approached the courtroom looking for repossession of the home. The authorized battle spanned 7 several years just before the courtroom sent its judgement in the go well with on December, 6, 2019, in favour of Williams and his spouse and children.

A seem at the summary of the qualifications upon which the lawful battle was fought as demonstrated in a court doc designed obtainable to this newspaper indicated that Williams is a descendant of just one James Wilson, the authentic owner of the property in dispute. Incidentally, the Lebanese firm, according to Williams, experienced refused to hand in excess of the property to him and his family and has considering that been disheartening the courtroom purchase on the excuse that they had appealed the judgement at the Court of Attraction, Lagos.

At the hearing of the fit, the two Williams and the Lebanese termed for forensic evidence in respect of the authenticity or or else of the signatures on the 1956 Deed of Transfer as as opposed to the signatures on the 1952 Declaration and the 1953 Deed of Lease. But in a alternatively strange twist, the forensic medical doctor referred to as by the defendants testified beneath crossexamination before the demo courtroom that the signatures on the Deed of Transfer had been so different from the signatures on the 1953 Lease “that there was no foundation for any comparison between the two sets of signatures.” Following the judgement, the defendants submitted an attraction at the Court docket of Enchantment, Lagos Division, seeking to overturn the ruling. They also used for a continue to be of execution of the judgement of the demo courtroom pending the end result of that enchantment.

Nonetheless, at the listening to of the application for keep of execution, the defendants knowledgeable the trial courtroom that they ended up prepared to deposit a bank assure with the registrar of the trial court for the judgement sum pending the final result of their appeal.

Incidentally, Williams did not oppose the defendants’ proposal that a financial institution promise ought to be deposited in the account of the registrar of the courtroom. He just added a even more issue that the administration of the house really should be vested in a reliable estate management agency, although the attractiveness is pending right before the Courtroom of Attraction. Curiously and notably, the defendants did not also item to or contest this additional ailment. In its ruling sent on February 17, the demo court, between other issues, granted a conditional continue to be in line with the proposals of the functions. The decide manufactured an order to the effect that the judgement sum and desire accruing on it up until the judgement should really be deposited inside 7 times via a financial institution draft in the title of the Main Registrar of the Superior Courtroom of Lagos State.

He also claimed that the management of the house need to be vested in a dependable estate company to be appointed by the Main Registrar of the Court docket. Even so, the defendants, it was further more learnt, introduced a 2nd attractiveness, this time, in opposition to the get of conditional keep granted by the trial courtroom pretty much on the defendants’ possess phrases.

The defendants’ counsel, Main Tunde Olojo of Elubode B. Omoboriowo Esq, Shinkafi, Kusamotu, Olojo & Co, on December 9, 2019, despatched a recognize with Attraction No: Fit No: LD/331/2012 to the Court docket of Appeal, Lagos, a duplicate of which is in possession of Saturday Telegraph. They, by their lawyers, stated they were being dissatisfied with the conclusion of the Substantial Court of Lagos Point out, contained in the judgement by Justice Candide-Johnson, shipped on December 6, 2019.

In accordance to Counsel to Khalil: “The discovered demo choose erred in regulation when he held that 1st Respondent- Dr. C.O Williams has the locus standi to institute the motion for and on behalf of the alleged deceased predecessors-in-title. The 1st respondent throughout the demo did not provide any dying certificate to build the demise of any of his alleged deceased predecessors-in-title. In the Observe of Attraction, the 1st respondent did not also direct evidence of any probate/letter of administration as the executor/beneficiary of the estate of any of his alleged deceased predecessors-in-title. “Also, the 1st respondent did not tender any letter of Administration to exhibit that the 3rd Appellant is a beneficiary of the estates of both of those 1st and 2nd Appellant. So, the learned demo choose erred in law when he held that the 1st respondent has established a situation of forgery in opposition to the 1st -3rd Appellants and that the doctrine of genuineness did not avail them.” In one more twist having said that, Williams petitioned the Federal Federal government by means of the Place of work of the Inspector Standard of Police (IGP). He specifically requested the IGP, Mohammad Adamu, to help save him in the hands of Lebanese descendants of El-Khalil, whom, he explained, have refused to launch his family’s house just after the expiration of their 50-year-previous lease agreement. The petition also covers that of forgery, fraudulent conversion of assets and getting by means of power pretence. In the petition dated August 28, and duly signed by him, a copy of which was built out there to Saturday Telegraph, confirmed that he was proclaiming that the company of M. El-Khalil & Sons Properties Confined solid a Deed of Transfer dated December 2, 1956, and has been proclaiming ownership of and occupying his family’s residence considering that then dependent on the forged titled document. Williams similarly claimed that the firm, M. El-Khalil & Sons Properties Restricted, now managed by Francis Uzom of Frank Harden Minimal and Obinna Chima experienced relied on phony declare of possession of the house to pocket large cash jogging into billions of naira in rents assortment from unsuspecting tenants at the property. “They have been making an attempt to provide the claimed residence dependent on the reported solid title files,” he even more alleged. He said that his initiatives to warn the occupants of the property and the normal public, primarily probable assets buyers about the assert of ownership by M. El-Khalil & Sons Houses Constrained, have led to various threats of death directed at him by officers of the stated company. Though responding to the weighty allegations, the Lebanese speaking by way of their lawyer, Elubode B. Omoboriowo Esq of Elubode B. Omoboriowo Esq, Shinkafi and Kusamotu Olojo & Co, dismissed the death claims allegation in his interview with our reporter. According to him, “This is a lie that was properly fabricated. In truth, the allegation is not only a lie, but also untrue and baseless. It is a comprehensive lie from the air.” Omoboriowo did not only garbage Williams’ claims on home forgery, but insisted that, “It is a fabricated lies that simply cannot be verified by him at the legislation court for the reason that M. El-Khalil & Sons Houses Restricted is a business and if he is insisting that a company solid a certification like he claimed, so why did not he come out and mention a director (s) or staff of the enterprise that did it in M. El-Khalil & SONS Properties Confined and the so-named director or personnel will arrive out publicly to settle for or deny that.” The law firm spelled out that the claimant has no evidence of evidence to that outcome as he’s employing the threat to lifetime as a ploy to achieve sympathy subsequent his purchasers go to attractiveness the Significant Courtroom of Lagos Judgement. “There is no iota of reality in that,” he added. Omoboriowo advised our reporter that the situation is previously in the Courtroom of Appeal and that it is presently slated for listening to on December 14. “We are completely ready to just take it up to the Supreme Court for the reason that our clientele have a solid circumstance to upturn the judgement in their favour adhering to the trim victory that Williams is taking pleasure in about the Significant Courtroom judgement that gave him a single of the lands on the property.” On the coming December 14, Enchantment listening to, Omoboriowo mentioned: “My clients have a strong scenario versus him to upturn the judgement as a matter of truth. That is why we are treading the line of professionalism, the line of the legislation and not resorting to press, police and listed here and there. He’s the one particular that goes about speaking as previous as he is. We are heading to upturn it by the grace of God. The scenario is however going to the Supreme Courtroom and we are going to overturn the first judgement it is just a slender victory he has now.” Recently, Williams has also complained of other alleged underhand dealings by the Lebanese. For occasion, throughout the period of time when the circumstance was before the demo court docket, he explained, the defendants, below the guise of a bogus settlement initiative, delayed the listening to of the situation for a significant length of time. He also claimed that the Lebanese at some point re-configured the residence to accommodate much more tenants from whom rents working into hundreds of thousands and thousands ended up collected by the defendants. Right after the defendants have been carried out with the configuration of the home and experienced allow out the recently included areas to tenants, all pretences to amicable settlement of the dispute with Williams ended up performed absent with by them as they returned to announce to the demo court docket that the settlement initiative failed. Again, while their two appeals have been pending before the Court of Enchantment, the defendants allegedly started off boasting to the tenants in the creating and the people in the speedy natural environment that they have been well prepared to continue to keep the situation in court docket indefinitely by way of the enchantment approach. They even pointed to the notoriously slow judicial approach in the state, to drive household their point, Williams alleged. “They claimed that given my state-of-the-art age, it is just about extremely hard for me to see the end of the scenario in my life time,” he further more instructed our reporter. But the threats and needs of death notwithstanding, Williams believes that the very same Almighty God, who retained him alive during the duration of the case at the trial court, would maintain him through the attractiveness processes until eventually his final vindication by the Court docket of Attractiveness, and if need to have be, the Supreme Courtroom. Williams mentioned that he was steadfast in his perception that though the wheels of justice may well change bit by bit, they do, in simple fact, change exceedingly wonderful, expressing that his faith in God and the judicial technique had in no way been much better. Omoboriowo on the other hand, defined that his clients’ company has been in possession and occupation of the exact same property since 1966 without having any obstacle or disturbance from Williams’ alleged predecessors’ intitle or the Claimant. He insisted that his company carried out a common repair in the tune of N150 million for the trespass and lawful execution carried out by the Claimant and/or his brokers on the afflicted house in December 2009. In accordance to him, the Claimant lacks the locus standi to institute or begin any situation against them in that he is not a get together to any of the transactions (title documents) when signing the deed of arrangement in 1953 was carried out. Assistant property supervisor of M. El-Khalil & Sons (properties) Constrained, Obinna Chima, on his section reported that there is absolutely nothing in any of the files positioned before the Court by Williams from whom the Courtroom could obtain or infer any romance or connection in between the Claimant and his alleged predecessors-in-title. This, the Lebanese’ lawyers, agreed with, when they reported that this motion is statute barred in that the bring about of motion which is tough the authenticity of the Deed of transfer of Freehold dated November 2, 1956, arose 55 many years ago. The figured out attorney argued that this accommodate amounts to an abuse of the process of the Court in that the notices to give up and notice of owner’s intent to utilize to get better possession on which this motion is established were purportedly served in the course of the pendency of match No LD/2144/05 (Dr. C.O. Williams vs M. El-Khalil & ORS) in which the said suit, functions and the matter matter are the same as in the instantaneous match and also a Recognize of Charm filed by the Claimant which has not been withdrawn. Nonetheless, a check out to the home in problem by our reporter, confirmed that it is a 10-storey creating with shop house ranging from N3 million to N15 million per annum with traders of all sorts occupying the property. The traders promote typically footwear, bags, leather-based, apparel, jewellery add-ons, and occupy every single ground of the creating.

 

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