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In Lagos Court restrains mother, 6 children from selling late husband property

The judge also gave an order to maintain the status quo, adding that the orders would last pending the hearing of the motion on notice for interlocutory injunction filed by the claimant.

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An Ilorin High Court has restrained a mother, Mrs Alice Obajemu and six of her children from selling her late husband’s petrol station until the determination of the Motion on Notice.

Justice Mathew Adewara gave the order on Friday while ruling on an Ex Parte application brought by Mr Deji Gbadeyan on behalf of Samuel Obajemu, son of late John Olorunleke Obajemu.

Adewara said in his ruling that having gone through the motion Ex Parte and the affidavit, he was satisfied that there was merit in the application filed by the claimant, Samuel Obajemu.

He, therefore, ordered that the defendants or their agents should stop meddling, dealing with or taking possession of the petrol station, situated on Taiwo Road, Ilorin, pending the hearing of the already filed motion on notice for interlocutory injunction.

The judge also gave an order to maintain the status quo, adding that the orders would last pending the hearing of the motion on notice for interlocutory injunction filed by the claimant.

Arguing the Ex Parte motion, counsel to the claimant, Lawrence Opoola from Deji Gbadeyan Chamber, urged the court to grant his client’s prayers.

He told the court that the Ex Parte application was filed on Feb. 22, 2016 with four grounds upon which the reliefs were sought.

Opoola said the application was supported by a 22-paragraph affidavit deposed to by the claimant, who relied on all the paragraphs.

The counsel told the court that paragraphs 16 to 19 of the affidavit clearly established that there was urgency in the Ex Parte motion which he said was not self induced by the applicant.

The counsel submitted that unless the application was granted, the defendants, who were already indulging in self, help would cast a situation of helplessness not only on the applicant, but also on the court.

He told the court that the claimant had given an undertaken as to the damages if in the unlikely event that the application was found to be needless at the time of judgment in the substantive suit.

Samuel Obajemu, one of the children of late John Obajemu had dragged his mother, Mrs Alice Obajemu, to court to challenge the sale of his father’s Total Petrol Station on Taiwo Street, Ilorin.

Joined in the Motion on Notice were his brothers and sisters; Mrs Tinuola Aberefa, Mrs Foluke Otaru, Mr Kayode Obajemu, Mr Adebayo Obejemu, Mr Femi Obajemu and Mrs Bimbo Jolayemi.

Samuel Obajemu, in the Originating Summons was praying the court to declare that the purported sale of the land and petrol station with Certificate of Occupancy N0 KW5451 was invalid, ineffective, null and void and of no effect whatsoever.

He was also praying the court for an order retraining his mother, sisters, brothers and their agents from selling, disposing of or intermeddling with the estate of late John Obajemu without the procurement of the duly issued letter of administration that would cover the interest of all the beneficiaries of the said Intestate Estate.

The claimant wanted the court to grant an order restraining all the defendants from selling the petrol station contrary to the order of the prescription by his late father.

According to him, his late father, in his lifetime, has told the children that the petrol station shall under no circumstance be sold out or disposed of, but should be kept as family heritage.

Meanwhile, Justice Adewara has adjourned hearing on the motion on notice until March 21. 

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