Fight between 85-yearold landlord, Lebanese firm over Lagos property gets messier

The assets on 33 Balogun Road, Lagos, is in dispute. There are two claimants. While the Dr. Charles Oladeinde Williams’ spouse and children needs their asset handed back to them, the Lebanese firm, which supposedly leased it, claims the house had extensive been marketed to them. Taiwo Hassan, who has been adhering to the disagreement, experiences

For the former Chief Medical Director of Unity Medical center, Lagos, Dr. Charles Oladeinde Williams, it’s been a tug-of-war trying to reclaim his inheritance. His father, late Clarence Olatunde Williams, inherited the assets with his siblings from their have father, James Wilson. His father, and his uncle, Charles Adeyinka Wilson, as properly as his aunts, Florence Aduke Bajomo (Nee Williams) and Adenike Wilson, experienced leased the home to Mohammed El-Khalil and others in 1953.

The lease was for 50 many years. And the 10-storey setting up was on 3/5, Bankole Street, Lagos, at that time. The road experienced since been rearranged and it is now on 33 Balogun Road. Williams Snr. and his siblings had declared on their own proprietors of the aforementioned assets by inheritance less than native laws and customs. But in 1953, they granted a 50-year lease of the residence to Messrs Mohammed El-Khalil and Ramiz Moukarim.

Having said that, a minimal in excess of three yrs (1956) soon after the execution of the 1953 lease, Moukarim and El-Khalil allegedly claimed to have out rightly purchased the home from Williams’ father and his siblings the identical brothers and sisters who created the 1952 Declaration and signed the 1953 lease. But Williams has managed that he had no understanding of the purported sale of the house, insisting that the Lebanese were being occupying the constructing beneath the 1953 lease.

At the expiration of the lease on March 31, 2003, the Lebanese, Williams mentioned, refused to vacate the residence, prompting him to formally notify them of the expiration of the lease, even though at the same time requesting them to vacate the house. Williams said: “We approached the Lebanese to get again our assets, but their response was disheartening. As an alternative of complying, they claimed that the property experienced been marketed to their progenitor 3 a long time into the lease agreement. This, they said, was perfected in 1956.

They drew our consideration to the 1956 Deed of Transfer below which they claimed the property was sold to them.” Concerned by the transform of events, the 85-year-aged Williams conducted a search at the lands Registry, Alausa, Ikeja, but what he located out was extra confounding. It was found out, according to him, that the Deed of Transfer of title was in truth registered by the Lebanese as the rightful owners of the property, scarcely three years immediately after the commencement of the 50-year lease by the Williams’ spouse and children.

Not satisfied with what they observed, the Williams went to obtain a copy of the 1956 Deed of Transfer and forwarded exact to the Forensic Science Laboratory of the Nigerian Law enforcement, Alagbon, Lagos, for further scrutiny and to validate the authenticity of the signatures of his father and his father’s siblings and in contrast with those people on the 1953 lease. Following the examination of the forensic report, the Law enforcement concluded that the signatures on the 1956 supposed Deed of Transfer of title have been entirely distinctive from all those on the 1952 declaration and the 1953 Deed of Lease.

They subsequently declared that the 1956 Deed of Transfer was solid. One more seeming abnormality that caught Williams’ eyes was the failure of the 1956 Deed of Transfer to cancel or even make any kind of reference to the 1953 Deed of Lease, which ordinarily ought to have been the scenario.

It was also noticed that the Lebanese inadvertently misrepresented or wrongly explained 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 very same aunt was continually described as Adenike Wilson. It was the blend of the Law enforcement findings and these contradictions that prompted Williams to tactic the Superior Court docket of Lagos State to find to void it and to recuperate their family’s property.

On March 8, 2012, the household commenced a fit at the Large Court docket of Lagos Point out, towards El-Khalil & Sons Homes Constrained and a few other individuals. They included the particular representatives of the Estate of Mohammed El-Khalil, personalized reps of the Estate of Ramiz Moukarim and the Registrar of Titles, Lands Registry of Lagos State as defendants. Williams had approached the court trying to get repossession of the house. The legal battle spanned 7 decades before the courtroom delivered its judgement in the accommodate on December, 6, 2019, in favour of Williams and his relatives.

A look at the summary of the qualifications on which the lawful battle was fought as proven in a courtroom doc built out there to this newspaper indicated that Williams is a descendant of just one James Wilson, the first proprietor of the home in dispute. Incidentally, the Lebanese firm, in accordance to Williams, experienced refused to hand around the home to him and his relatives and has considering the fact that been discouraging the courtroom get on the justification that they experienced appealed the judgement at the Court of Attraction, Lagos.

At the listening to of the suit, equally Williams and the Lebanese named for forensic proof in regard of the authenticity or normally 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 relatively bizarre twist, the forensic medical doctor known as by the defendants testified beneath crossexamination just before the demo court docket that the signatures on the Deed of Transfer ended up so various from the signatures on the 1953 Lease “that there was no foundation for any comparison involving the two sets of signatures.” Immediately after the judgement, the defendants filed an attractiveness at the Court docket of Charm, 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 outcome of that charm.

But, at the listening to of the software for continue to be of execution, the defendants informed the trial courtroom that they have been organized to deposit a lender assure with the registrar of the trial court for the judgement sum pending the end result of their enchantment.

Incidentally, Williams did not oppose the defendants’ proposal that a financial institution assure should be deposited in the account of the registrar of the courtroom. He basically additional a additional affliction that the management of the residence really should be vested in a dependable estate management company, while the charm is pending in advance of the Court of Attractiveness. Apparently and notably, the defendants did not also item to or contest this more ailment. In its ruling delivered on February 17, the trial court, amid other factors, granted a conditional remain in line with the proposals of the functions. The decide built an get to the impact that the judgement sum and desire accruing on it up until the judgement ought to be deposited in 7 times by means of a bank draft in the name of the Chief Registrar of the Superior Courtroom of Lagos Point out.

He also said that the administration of the assets ought to be vested in a respected estate organization to be appointed by the Chief Registrar of the Court. Having said that, the defendants, it was further more learnt, introduced a next appeal, this time, in opposition to the get of conditional keep granted by the trial court docket practically on the defendants’ personal conditions.

The defendants’ counsel, Chief Tunde Olojo of Elubode B. Omoboriowo Esq, Shinkafi, Kusamotu, Olojo & Co, on December 9, 2019, despatched a notice with Charm No: Go well with No: LD/331/2012 to the Courtroom of Attraction, Lagos, a copy of which is in possession of Saturday Telegraph. They, by way of their attorneys, claimed they were dissatisfied with the final decision of the Superior Court of Lagos State, contained in the judgement by Justice Candide-Johnson, shipped on December 6, 2019.

According to Counsel to Khalil: “The realized trial decide 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 all over the trial did not bring any loss of life certificate to set up the demise of any of his alleged deceased predecessors-in-title. In the Notice of Appeal, 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 clearly show that the 3rd Appellant is a beneficiary of the estates of equally 1st and 2nd Appellant. So, the uncovered demo choose erred in regulation when he held that the 1st respondent has recognized a scenario of forgery against the 1st -3rd Appellants and that the doctrine of genuineness did not avail them.” In another twist on the other hand, Williams petitioned the Federal Governing administration by means of the Business office of the Inspector General of Police (IGP). He particularly requested the IGP, Mohammad Adamu, to help save him in the palms of Lebanese descendants of El-Khalil, whom, he explained, have refused to launch his family’s residence right after the expiration of their 50-calendar year-outdated lease agreement. The petition also addresses that of forgery, fraudulent conversion of property and obtaining as a result of force pretence. In the petition dated August 28, and duly signed by him, a duplicate of which was created available to Saturday Telegraph, showed that he was professing that the firm of M. El-Khalil & Sons Houses Confined cast a Deed of Transfer dated December 2, 1956, and has been claiming ownership of and occupying his family’s home due to the fact then based on the solid titled document. Williams similarly claimed that the corporation, M. El-Khalil & Sons Attributes Limited, now managed by Francis Uzom of Frank Harden Limited and Obinna Chima had relied on untrue assert of ownership of the assets to pocket massive income working into billions of naira in rents selection from unsuspecting tenants at the residence. “They have been making an attempt to market the reported assets centered on the mentioned solid title files,” he more alleged. He explained that his attempts to warn the occupants of the residence and the typical public, especially opportunity residence customers about the assert of possession by M. El-Khalil & Sons Attributes Constrained, have led to many threats of dying directed at him by officers of the explained corporation. Though responding to the weighty allegations, the Lebanese speaking by way of their attorney, Elubode B. Omoboriowo Esq of Elubode B. Omoboriowo Esq, Shinkafi and Kusamotu Olojo & Co, dismissed the loss of life promises allegation in his interview with our reporter. In accordance to him, “This is a lie that was properly fabricated. In truth, the allegation is not only a lie, but also false and baseless. It is a finish lie from the air.” Omoboriowo did not only rubbish Williams’ statements on home forgery, but insisted that, “It is a fabricated lies that can not be established by him at the regulation court due to the fact M. El-Khalil & Sons Houses Minimal is a business and if he is insisting that a firm forged a certificate like he claimed, so why did not he arrive out and mention a director (s) or staff members of the business that did it in M. El-Khalil & SONS Attributes Constrained and the so-called director or staff will come out publicly to settle for or deny that.” The attorney defined that the claimant has no proof of evidence to that outcome as he’s utilizing the danger to lifetime as a ploy to get sympathy following his clients go to attractiveness the Substantial Court of Lagos Judgement. “There is no iota of truth in that,” he added. Omoboriowo explained to our reporter that the scenario is already in the Courtroom of Charm and that it is already slated for hearing on December 14. “We are completely ready to just take it up to the Supreme Court docket for the reason that our customers have a robust situation to upturn the judgement in their favour following the slim victory that Williams is taking pleasure in over the Substantial Courtroom judgement that gave him one of the lands on the property.” On the coming December 14, Enchantment hearing, Omoboriowo said: “My clientele have a solid situation versus him to upturn the judgement as a matter of point. That is why we are treading the line of professionalism, the line of the regulation and not resorting to press, law enforcement and right here and there. He’s the one that goes about speaking as previous as he is. We are going to upturn it by the grace of God. The case is however going to the Supreme Courtroom and we are going to overturn the first judgement it is just a trim victory he has now.” Just lately, Williams has also complained of other alleged underhand dealings by the Lebanese. For occasion, for the duration of the interval when the circumstance was in advance of the demo court, he mentioned, the defendants, less than the guise of a bogus settlement initiative, delayed the listening to of the case for a substantial length of time. He also claimed that the Lebanese at some stage re-configured the home to accommodate a lot more tenants from whom rents jogging into hundreds of tens of millions have been gathered by the defendants. Just after the defendants had been completed with the configuration of the home and had let out the freshly additional spaces to tenants, all pretences to amicable settlement of the dispute with Williams were done away with by them as they returned to announce to the trial court that the settlement initiative unsuccessful. Once more, though their two appeals were being pending right before the Court of Attractiveness, the defendants allegedly started off boasting to the tenants in the creating and the men and women in the fast surroundings that they were well prepared to maintain the situation in court docket indefinitely as a result of the appeal method. They even pointed to the notoriously sluggish judicial course of action in the state, to push house their place, Williams alleged. “They claimed that presented my innovative age, it is pretty much difficult for me to see the close of the situation in my life time,” he further more informed our reporter. But the threats and wishes of dying notwithstanding, Williams believes that the very same Almighty God, who kept him alive all over the length of the case at the demo court, would sustain him as a result of the appeal processes till his ultimate vindication by the Court docket of Appeal, and if need be, the Supreme Courtroom. Williams reported that he was steadfast in his perception that nevertheless the wheels of justice may possibly flip gradually, they do, in truth, transform exceedingly great, stating that his faith in God and the judicial procedure had in no way been stronger. Omoboriowo even so, described that his clients’ organization has been in possession and occupation of the exact assets considering that 1966 without the need of any obstacle or disturbance from Williams’ alleged predecessors’ intitle or the Claimant. He insisted that his business carried out a standard repair in the tune of N150 million for the trespass and lawful execution carried out by the Claimant and/or his agents on the influenced home in December 2009. In accordance to him, the Claimant lacks the locus standi to institute or begin any circumstance versus them in that he is not a get together to any of the transactions (title documents) when signing the deed of agreement in 1953 was carried out. Assistant residence manager of M. El-Khalil & Sons (attributes) Restricted, Obinna Chima, on his section reported that there is almost nothing in any of the files placed in advance of the Court docket by Williams from whom the Court docket could come across or infer any connection or relationship amongst the Claimant and his alleged predecessors-in-title. This, the Lebanese’ attorneys, agreed with, when they said that this action is statute barred in that the trigger of motion which is hard the authenticity of the Deed of transfer of Freehold dated November 2, 1956, arose 55 a long time back. The discovered lawyer argued that this fit quantities to an abuse of the process of the Courtroom in that the notices to stop and recognize of owner’s intent to utilize to recover possession upon which this action is launched were purportedly served in the course of the pendency of accommodate No LD/2144/05 (Dr. C.O. Williams vs M. El-Khalil & ORS) in which the reported match, functions and the subject matter matter are the exact same as in the quick suit and also a Detect of Appeal filed by the Claimant which has not been withdrawn. Having said that, a take a look at to the assets in problem by our reporter, showed that it is a 10-storey setting up with shop house ranging from N3 million to N15 million for each annum with traders of all kinds occupying the property. The traders provide primarily footwear, luggage, leather-based, apparel, jewellery accessories, and occupy every floor of the building.

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