Justice Bola Okikiolu-Ighile of the Lagos High Court has dismissed the “frivolous and vexatious” suit filed by a retired Air Commodore, Ademola Onitiju, challenging the sale of a four-bedroom Duplex in Dolphin Estate, Lagos by the landlady of the property.
Onitiju, who was a yearly tenant in the house sued the landlady and three others for selling the property to another person, after he had been informed in writing that the property had been sold.
Defendants in the suit are Mrs Theodosia Olabisi Ogunnaike, Omo Ogunnaike, Colonel Samuel Aboyemi Dare (rtd) and Lagos State Development Property Corporation (LSDPC) as first to fourth defendants, respectively.
The claimant had prayed the court to declare that the sale of the property to a third party be considered null and void and of no effect. He also asked the court to declare that he was entitled to the statutory right of occupancy.
In addition, Onitiju prayed the court to make an order setting aside the sale, called for specific performance of contract of sale between him and the 1st defendant and a perpetual injunction restraining the 1st and 2nd defendants from transferring or executing documents to transfer the title of the property to the 3rd defendant.
“An order of injunction restraining the 1st and 2nd defendants either by themselves, servants, agents or privies from enforcing the quit notice dated May 19, 2021 on the claimant in respect of the 4-bedroom duplex together with self-contained 1 bedroom chalet described and situate at No 49B Lafiaji Way, Dolphin Estate, Ikoyi, Lagos,” he had prayed.
He also asked the court to order a perpetual injunction, restraining the 1st and 2nd defendants or their agents from approaching the 4th defendant for the purpose of transferring the title of the property to the 3rd defendant.