The assets on 33 Balogun Road, Lagos, is in dispute. There are two claimants. Even though the Dr. Charles Oladeinde Williams’ spouse and children needs their asset handed again to them, the Lebanese agency, which supposedly leased it, claims the assets had long been sold to them. Taiwo Hassan, who has been next the disagreement, stories
For the former Main Professional medical Director of Unity Hospital, Lagos, Dr. Charles Oladeinde Williams, it’s been a tug-of-war attempting to reclaim his inheritance. His father, late Clarence Olatunde Williams, inherited the house with his siblings from their very own father, James Wilson. His father, and his uncle, Charles Adeyinka Wilson, as effectively as his aunts, Florence Aduke Bajomo (Nee Williams) and Adenike Wilson, had leased the property to Mohammed El-Khalil and others in 1953.
The lease was for 50 many years. And the 10-storey making was on 3/5, Bankole Avenue, Lagos, at that time. The street experienced considering the fact that been rearranged and it’s now on 33 Balogun Street. Williams Snr. and his siblings had declared on their own homeowners of the aforementioned residence by inheritance underneath indigenous guidelines and customs. But in 1953, they granted a 50-calendar year lease of the residence to Messrs Mohammed El-Khalil and Ramiz Moukarim.
However, a minimal around three several years (1956) after the execution of the 1953 lease, Moukarim and El-Khalil allegedly claimed to have out rightly acquired the assets from Williams’ father and his siblings the exact same brothers and sisters who built the 1952 Declaration and signed the 1953 lease. But Williams has preserved that he experienced no understanding of the purported sale of the home, insisting that the Lebanese ended up occupying the making less than the 1953 lease.
At the expiration of the lease on March 31, 2003, the Lebanese, Williams explained, refused to vacate the assets, prompting him to formally notify them of the expiration of the lease, though at the exact same time requesting them to vacate the residence. Williams reported: “We approached the Lebanese to get back again our home, but their reaction was disheartening. In its place of complying, they claimed that the property had been offered to their progenitor 3 yrs into the lease settlement. This, they reported, was perfected in 1956.
They drew our attention to the 1956 Deed of Transfer underneath which they claimed the house was sold to them.” Fearful by the switch of gatherings, the 85-12 months-previous Williams executed a look for at the lands Registry, Alausa, Ikeja, but what he uncovered out was much more confounding. It was learned, according to him, that the Deed of Transfer of title was certainly registered by the Lebanese as the rightful homeowners of the home, barely three several years immediately after the graduation of the 50-calendar year lease by the Williams’ family.
Not glad with what they noticed, the Williams went to attain a copy of the 1956 Deed of Transfer and forwarded similar to the Forensic Science Laboratory of the Nigerian Law enforcement, Alagbon, Lagos, for further scrutiny and to verify the authenticity of the signatures of his father and his father’s siblings and in comparison with individuals on the 1953 lease. Immediately after the assessment of the forensic report, the Law enforcement concluded that the signatures on the 1956 meant Deed of Transfer of title ended up totally various from those on the 1952 declaration and the 1953 Deed of Lease.
They subsequently declared that the 1956 Deed of Transfer was forged. A further seeming abnormality that caught Williams’ eyes was the failure of the 1956 Deed of Transfer to terminate or even make any type of reference to the 1953 Deed of Lease, which ordinarily should to have been the circumstance.
It was also discovered that the Lebanese inadvertently misrepresented or wrongly described Williams’ aunt, Adenike Wilson, as “Anike Wilson” in the purported 1956 Deed of Transfer regardless of the actuality that in the 1952 Declaration and 1953 Lease, the exact aunt was constantly described as Adenike Wilson. It was the combination of the Law enforcement conclusions and these contradictions that prompted Williams to strategy the Superior Court of Lagos State to find to void it and to recuperate their family’s home.
On March 8, 2012, the loved ones commenced a match at the Substantial Courtroom of Lagos Condition, towards El-Khalil & Sons Properties Restricted and 3 many others. They involved the particular reps of the Estate of Mohammed El-Khalil, personal reps of the Estate of Ramiz Moukarim and the Registrar of Titles, Lands Registry of Lagos Point out as defendants. Williams experienced approached the courtroom searching for repossession of the house. The authorized struggle spanned 7 years in advance of the courtroom sent its judgement in the suit on December, 6, 2019, in favour of Williams and his spouse and children.
A look at the summary of the track record upon which the authorized struggle was fought as demonstrated in a court document produced obtainable to this newspaper indicated that Williams is a descendant of one James Wilson, the unique owner of the home in dispute. Incidentally, the Lebanese business, according to Williams, experienced refused to hand over the assets to him and his family and has since been disheartening the court docket purchase on the justification that they had appealed the judgement at the Courtroom of Appeal, Lagos.
At the hearing of the accommodate, both equally Williams and the Lebanese referred to as for forensic evidence in regard of the authenticity or in any other case of the signatures on the 1956 Deed of Transfer as in comparison to the signatures on the 1952 Declaration and the 1953 Deed of Lease. But in a alternatively strange twist, the forensic physician called by the defendants testified less than crossexamination prior to the demo court that the signatures on the Deed of Transfer have been so unique from the signatures on the 1953 Lease “that there was no basis for any comparison between the two sets of signatures.” Following the judgement, the defendants filed an enchantment at the Court of Appeal, Lagos Division, looking for to overturn the ruling. They also utilized for a continue to be of execution of the judgement of the demo courtroom pending the result of that attraction.
Still, at the listening to of the software for keep of execution, the defendants informed the demo court docket that they were being well prepared to deposit a lender promise with the registrar of the demo courtroom for the judgement sum pending the result of their attractiveness.
Incidentally, Williams did not oppose the defendants’ proposal that a lender ensure should really be deposited in the account of the registrar of the court docket. He just additional a more condition that the management of the property should be vested in a reputable estate management business, although the attractiveness is pending in advance of the Court docket of Attractiveness. Apparently and notably, the defendants did not also item to or contest this more ailment. In its ruling shipped on February 17, the demo court docket, among the other things, granted a conditional stay in line with the proposals of the get-togethers. The judge designed an order to the result that the judgement sum and curiosity accruing on it up till the judgement need to be deposited in 7 times through a bank draft in the name of the Main Registrar of the Higher Courtroom of Lagos Condition.
He also claimed that the management of the residence really should be vested in a dependable estate business to be appointed by the Main Registrar of the Court. Even so, the defendants, it was further learnt, launched a second enchantment, this time, from the get of conditional remain granted by the demo court docket practically on the defendants’ very own conditions.
The defendants’ counsel, Main Tunde Olojo of Elubode B. Omoboriowo Esq, Shinkafi, Kusamotu, Olojo & Co, on December 9, 2019, sent a observe with Attraction No: Suit No: LD/331/2012 to the Court docket of Attractiveness, Lagos, a copy of which is in possession of Saturday Telegraph. They, by their attorneys, mentioned they had been dissatisfied with the conclusion of the Higher Courtroom of Lagos Point out, contained in the judgement by Justice Candide-Johnson, delivered on December 6, 2019.
In accordance to Counsel to Khalil: “The learned demo decide erred in law 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 all over the demo did not carry any demise certification to set up the demise of any of his alleged deceased predecessors-in-title. In the Recognize of Enchantment, the 1st respondent did not also guide proof 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 demonstrate that the 3rd Appellant is a beneficiary of the estates of both 1st and 2nd Appellant. So, the realized trial choose erred in law when he held that the 1st respondent has established a situation of forgery towards the 1st -3rd Appellants and that the doctrine of genuineness did not avail them.” In yet another twist even so, Williams petitioned the Federal Authorities by means of the Workplace of the Inspector General of Police (IGP). He exclusively asked the IGP, Mohammad Adamu, to preserve him in the palms of Lebanese descendants of El-Khalil, whom, he reported, have refused to release his family’s assets after the expiration of their 50-calendar year-aged lease arrangement. The petition also covers that of forgery, fraudulent conversion of residence and obtaining via pressure pretence. In the petition dated August 28, and duly signed by him, a duplicate of which was produced out there to Saturday Telegraph, confirmed that he was declaring that the company of M. El-Khalil & Sons Properties Limited cast a Deed of Transfer dated December 2, 1956, and has been professing possession of and occupying his family’s property because then centered on the forged titled document. Williams equally claimed that the enterprise, M. El-Khalil & Sons Qualities Minimal, now managed by Francis Uzom of Frank Harden Confined and Obinna Chima had relied on untrue claim of ownership of the property to pocket large money running into billions of naira in rents collection from unsuspecting tenants at the house. “They have been trying to market the explained residence primarily based on the claimed forged title files,” he even further alleged. He claimed that his endeavours to alert the occupants of the residence and the standard public, specifically potential property purchasers about the claim of possession by M. El-Khalil & Sons Qualities Restricted, have led to numerous threats of demise directed at him by officers of the mentioned enterprise. Even though responding to the weighty allegations, the Lebanese speaking via their lawyer, Elubode B. Omoboriowo Esq of Elubode B. Omoboriowo Esq, Shinkafi and Kusamotu Olojo & Co, dismissed the demise promises allegation in his interview with our reporter. According to him, “This is a lie that was properly fabricated. In point, the allegation is not only a lie, but also false and baseless. It is a finish lie from the air.” Omoboriowo did not only garbage Williams’ promises on residence forgery, but insisted that, “It is a fabricated lies that can’t be proven by him at the legislation courtroom due to the fact M. El-Khalil & Sons Homes Limited is a firm and if he is insisting that a corporation forged a certificate like he claimed, so why didn’t he occur out and point out a director (s) or employees of the corporation that did it in M. El-Khalil & SONS Properties Constrained and the so-referred to as director or staff members will arrive out publicly to settle for or deny that.” The lawyer stated that the claimant has no evidence of proof to that result as he’s applying the threat to daily life as a ploy to achieve sympathy following his clients move to enchantment the Superior Courtroom of Lagos Judgement. “There is no iota of truth of the matter in that,” he extra. Omoboriowo explained to our reporter that the case is now in the Court of Enchantment and that it is currently slated for listening to on December 14. “We are completely ready to take it up to the Supreme Court due to the fact our clientele have a robust scenario to upturn the judgement in their favour adhering to the slender victory that Williams is experiencing more than the High Courtroom judgement that gave him 1 of the lands on the residence.” On the coming December 14, Charm hearing, Omoboriowo claimed: “My shoppers have a powerful situation in opposition to him to upturn the judgement as a subject of actuality. That is why we are treading the line of professionalism, the line of the regulation and not resorting to push, law enforcement and here and there. He’s the a single that goes about chatting as old as he is. We are going to upturn it by the grace of God. The situation is still likely to the Supreme Court docket and we are likely to overturn the initial judgement it is just a slender victory he has now.” Not long ago, Williams has also complained of other alleged underhand dealings by the Lebanese. For instance, in the course of the interval when the case was just before the demo courtroom, he reported, the defendants, below the guise of a bogus settlement initiative, delayed the listening to of the circumstance for a significant duration of time. He also claimed that the Lebanese at some issue re-configured the assets to accommodate additional tenants from whom rents working into hundreds of hundreds of thousands had been gathered by the defendants. Just after the defendants have been performed with the configuration of the house and had let out the recently included areas to tenants, all pretences to amicable settlement of the dispute with Williams have been carried out absent with by them as they returned to announce to the trial courtroom that the settlement initiative failed. Yet again, while their two appeals had been pending before the Court docket of Enchantment, the defendants allegedly started off boasting to the tenants in the constructing and the men and women in the instant setting that they had been ready to keep the case in court indefinitely by the enchantment course of action. They even pointed to the notoriously gradual judicial course of action in the state, to generate property their position, Williams alleged. “They claimed that supplied my innovative age, it is pretty much unattainable for me to see the conclude of the situation in my lifetime,” he further informed our reporter. But the threats and needs of demise notwithstanding, Williams thinks that the very same Almighty God, who retained him alive all through the duration of the scenario at the demo court, would sustain him as a result of the charm processes until finally his final vindication by the Courtroom of Enchantment, and if require be, the Supreme Court docket. Williams explained that he was steadfast in his belief that though the wheels of justice might change bit by bit, they do, in truth, flip exceedingly great, saying that his religion in God and the judicial technique experienced by no means been more robust. Omoboriowo having said that, discussed that his clients’ enterprise has been in possession and profession of the similar residence due to the fact 1966 without the need of any problem or disturbance from Williams’ alleged predecessors’ intitle or the Claimant. He insisted that his business carried out a general restore in the tune of N150 million for the trespass and lawful execution carried out by the Claimant and/or his brokers on the impacted residence in December 2009. In accordance to him, the Claimant lacks the locus standi to institute or start any circumstance from them in that he is not a social gathering to any of the transactions (title paperwork) when signing the deed of settlement in 1953 was carried out. Assistant property manager of M. El-Khalil & Sons (attributes) Restricted, Obinna Chima, on his component reported that there is nothing at all in any of the paperwork positioned prior to the Courtroom by Williams from whom the Court docket could find or infer any romantic relationship or link concerning the Cl
aimant and his alleged predecessors-in-title. This, the Lebanese’ attorneys, agreed with, when they claimed that this action is statute barred in that the lead to of action which is hard the authenticity of the Deed of transfer of Freehold dated November 2, 1956, arose 55 several years in the past. The figured out lawyer argued that this go well with quantities to an abuse of the system of the Court in that the notices to give up and observe of owner’s intent to implement to get well possession upon which this action is launched have been purportedly served during the pendency of suit No LD/2144/05 (Dr. C.O. Williams vs M. El-Khalil & ORS) in which the reported fit, parties and the topic matter are the identical as in the instant accommodate and also a See of Attractiveness submitted by the Claimant which has not been withdrawn. Nonetheless, a take a look at to the residence in issue by our reporter, showed that it is a 10-storey developing with store house ranging from N3 million to N15 million for each annum with traders of all sorts occupying the assets. The traders market mainly shoes, bags, leather-based, outfits, jewellery components, and occupy just about every flooring of the building.
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