HIGH COURT OF LAGOS STATE

IN THE LAGOS JUDICIAL DIVISION

HOLDEN AT LAGOS

                                                                             SUIT NO: ……………………….

BETWEEN:

 

(1)     DR MICHAEL BOLADE AKERELE                       

(2)     MR. WENCESLAUS KOSHONIOLA AKERELE                                      CLAIMANTS  

AND

1.   CHIEF MRS V.O. COKER

2.   MR. BABAJIDE COKER

(carrying on business as Impey & Coker)                                     -        DEFENDANTS

3.   MESSRS GKS REAL PROPERTIES LIMITED                         

STATEMENT OF CLAIM

1.    The 1^st Claimant is one of the named beneficiaries of the Last Will of Chief (Dr.) Flavious Abiola Akerele (otherwise known as Chief (Dr.) F. A. Akerele (Deceased) who died testate on the 28^th day of July, 1987.

2.    The 2^nd Claimant who resides in Nigeria is one of the Executors and Trustee of the Last Will of Chief (Dr.) Flavious Abiola Akerele (otherwise known as Chief (Dr.) F. A. Akerele (Deceased).

3.    The 1^st Defendant is an Executrix of the Last Will of Chief (Dr.) Flavious Abiola Akerele (otherwise known as Chief (Dr.) F. A. Akerele (Deceased).

4.    The 2^nd Defendant is the grandson of Chief (Dr.) Flavious Abiola Akerele (otherwise known as Chief (Dr.) F. A. Akerele (Deceased) and a legal practitioner carrying on business as Impey & Coker.

5.    The 3^rd Defendant is a Limited Liability Company that purportedly bought the subject property comprising of 2 No tenement building of 10 rooms and 4 rooms respectively and a single storey 2 bedroom apartment at No 2, Ayilara Street, Ojuelegba, Lagos without probate.

6.    The Claimants aver that the late Chief Dr. Flavious Abiola Akerele had Six Children from his beloved wife late chief Mrs. Virginia Iyabode Olatilewa Akerele namely: Mrs Virginia Obafunke Coker, Dr. Flavious Abiola Babajide Akerele, Ms. Theresa Olayinka Akerele, Mr Wenceslaus Koshoniola Akerele, Dr Michael Bolade Akerele and Mr Domingo Bodunrin Akerele of which the Claimants are the 2^nd and 4^th Children respectively while the 1^st Defendant is the 1^st Child.

7.   Both the 2^nd Claimant and the Defendants along with one other child of the deceased who resides in the USA; are executors of the last will of Chief (Dr.) Flavious Abiola Akerele (otherwise known as Chief Dr. F. A. Akerele (deceased) who died testate on 28^th day of July, 1987.

8.   That one of the properties of the deceased and of which the Claimants are beneficiaries as Tenants-in-common is No 2, Ayilara Street, Surulere, Lagos. The Testator’s Will concerning the said property provide as follows:

“the Property at No. 2 Ayilara Street, Surulere, Lagos State to my Children by my wife Mrs. Virginia Iyabode Akerele as tenants in common”

9.   The Claimants aver that the Defendant independently obtained probate in her sole name concerning the said property and caused same to be sold without recourse to the Claimants.

10.The Claimants aver that it is inappropriate and incompetent at Law of the Defendant to single handedly obtain probate to the said property in her sole name even when the 2^nd Claimant was available within Jurisdiction and willing to act as executor.

11.The Claimants aver further to the above that the 1^st Defendant lacks the vires nor legal capacity to act alone and cannot be acting alone being the Estate of the deceased testator by her unilateral dispositions of the testator’s estate i.e No 2 Ayilara Street, Surulere which is vested on the testator’s children including the Claimants as Tenants-in-common.

12.The Claimants further aver that being beneficiaries of No. 2 Ayilara Street Surulere, Lagos which is held as Tenants-in-common the unilateral disposal of the said property by the Defendant cannot but be void having discountenanced the interest of the Claimants.

13. However without probate, the 2^nd Defendant by letter dated 16^th November, 2010 informed the 2^nd Claimant that the property was sold to Messrs GKS Real Properties Limited for the sum of N25,000,000.00 (Twenty Five Million Naira). The letter dated 16^th November, 2010 is hereby pleaded.

14. The Claimants aver that when the probate was obtained on the 17^th day of October, 2013 and on a perusal of the said probate, it was observed that the administration of the Real and Personal Property of the Estate of Chief (Dr.) Flavious Abiola Akerele (Deceased) was granted by the High Court of Lagos State to the 1^st Defendant alone based on the fraudulent misrepresentation of facts by the 1^st Defendant to the High Court of Lagos State.

PARTICULARS OF FRAUD

(i)   As at when the 1^st Defendant submitted the application form for probate to the High Court of Lagos State, the 2^nd Claimant, resided in Nigeria.

(ii) From when the Application form for probate was processed up till when the Probate was eventually obtained, the 2^nd Claimant resided in Nigeria.

(iii) The 2^nd Claimant is always residing in Nigeria and is presently residing in Nigeria.

(iv)The attention of the 1^st and 2^nd Claimants was never drawn to the application for probate by the 1^st Defendant.

(v)  The consent of the Claimants were not sought and obtained by the 1^st Defendant before and after the application form for Probate was submitted.

(vi)Therefore, the statement “power being reserved for the 2^nd Executor Dr. Flavious Abiola Babajide Akerele and 4^th Executor Mr. W. K. Akerele who both reside abroad to apply for similar grant on return to Nigeria” on the probate No. PHC/25,912was fraudulently inserted so as to shut out the Claimants who are also Executors of the last Will of Chief (Dr.) Flavious Abiola Akerele (Deceased) from being named as the administrators of the real and personal properties of the Deceased.

15. WHEREOF, the Claimants claim against the Defendants jointly and severally as follows:

(i)     A Declaration that the issuance and grant of probate No. PHC/25,912 to Mrs. V. O. Coker concerning the last Will of Chief (Dr.) Flavious Abiola Akerele (Deceased) and power being reserved for the 2^nd Executor Dr. Flavious Abiola Babajide Akerele and 4^th Executor, Mr. W. K. Akerele purportedly said to both resided abroad whereas the said Executor, Mr. W. K. Akerele was residing in Nigeria at the material time of the application and issuance of the probate and is still residing in Nigeria, is unlawful in every circumstance.

(ii)   A Declaration that the sale of the subject property comprising of 2 No tenement building of 10 rooms and 4 rooms respectively, and a single storey 2 bedroom apartment at No. 2 Ayilara Street, Ojuelegba before the grant of Probate No PHC/25,912 to Mrs V. O. Coker listing the said subject property and seeking to regularise the purported earlier sale is invalid and unlawful.  

(iii) AN ORDER of the Honourable Court setting aside the grant of Probate No. PHC/25,912 concerning the Last Will of Chief (Dr.) Flavious Abiola Akerele (otherwise known as Chief (Dr.) F. Akerele (Deceased) as same was fraudulently obtained without the consent and approval of other Executors of the last Will of Chief (Dr.) Flavious Abiola Akerele (Deceased).

(iv)  AN ORDER of the Honourable Court setting aside the fraudulent, invalid and unlawful sale of the subject property comprising of 2 No Tenement Building of 10 rooms and 4 rooms respectively and a single storey 2 bedroom apartment at No 2 Ayilara Street, Ojuelegba, subject property listed in Probate No. PHC/25,912 issued to Mrs. V. O. Coker concerning the Last Will of Chief (Dr.) F. A. Akerele (deceased).

(v)    AN ORDER OF PERPETUAL INJUNCTION restraining the Defendants, either by themselves or through their agents, men, servants, privies and/or officers howsoever described from selling, leasing, assigning or dealing in the subject property comprising of 2 No tenement building of 10 rooms and 4 rooms respectively and a Single Storey 2 bedroom apartment at No 2 Ayilara Street, Ojuelegba , Lagos without the consent and approval of the Claimants herein.

Dated this …………………… day of ………………………….. 2015

   

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