In a significant ruling, a Lagos High Court has upheld the sale of a property located near the popular Tejuosho Market in Surulere, Lagos, declaring the transaction between the Onitiri family and businessman Chibuike Okeke to be valid.
The case, which has drawn considerable attention, centred around the sale of a property on No. 6 Popo Street, Surulere, which was sold to Mr. Okeke in 2014 for N35 million. However, after the sale was completed, some members of the Onitiri family disputed the transaction, leading to a legal battle that began in 2015.
Background of the Dispute
The dispute arose when certain members of the Onitiri family – Adeleye Omoloja, Adeniran Onitiri, Aderinsola Onitiri, and Adesiyan Apesin – challenged the sale, claiming that the transaction was invalid. In their legal claim, they sought to have the sale nullified and demanded that Okeke and Adekunbi, a member of the Onitiri family involved in the sale, return all rent collected from the property since 2014. Additionally, they asked for N5 million in costs.
The Onitiri family claimed that the sale had not been authorised by all family members and that the proper legal processes were not followed. They asked the court to annul the transaction and compensate them for the rents they alleged had been improperly collected.
Okeke’s Defence and Counter-Claims
In response, Mr. Okeke, represented by his lawyer, Emelike Okorie, defended the validity of the sale. He argued that he had met all obligations as per the agreement, including paying the agreed N35 million for the property. Okeke maintained that the sale was legitimate, having been properly agreed upon by the family members involved, and he sought a court ruling affirming his ownership of the property.
Okeke’s lawyer presented evidence showing that the Onitiri family had received the full payment and had agreed to the sale. He further argued that the claimants could not now turn around and dispute the sale after accepting the money and taking no action to reverse the agreement.
Court’s Ruling: A Win for Okeke
Delivering the judgment, Justice E.A. Ashade of the Lagos High Court ruled in favour of Mr. Okeke, declaring that the sale of the property was valid. The judge noted that the Onitiri family members who had contested the sale had initially agreed to the transaction, receiving the N35 million payment, and therefore could not later deny the legitimacy of the sale.
Justice Ashade stated, “Having jointly agreed to sell the property and having collected the purchase sum of N35 million from Mr. Okeke, the claimants can no longer turn around to refute the transaction.” The court ruled that the family members involved must now sign the deed of assignment to complete the property transfer, which they had previously refused to do.
Furthermore, the court awarded a cost of N3 million against the claimants for bringing the case to court, as it was determined that they had no legal basis for challenging the sale after accepting the money.
The Journey Through the Court
This case had a long and complicated history, as it was transferred to two different judges before being heard by Justice Ashade. The legal proceedings highlighted the complexities of property disputes and the importance of adhering to agreed-upon terms in property transactions.
Before the judgment was delivered, the case had been through various stages, with the claimants unsuccessfully attempting to have the sale annulled. Their claims were scrutinised in detail, and after reviewing all the evidence, Justice Ashade concluded that the sale was valid and that the transaction had been conducted in good faith.
A Landmark Decision
This ruling is being hailed as a landmark decision in property law in Lagos, as it reinforces the importance of honouring legal agreements and contracts. Property disputes often arise when parties later question the validity of sales, especially in cases involving family members, and this case serves as a reminder of the necessity for clarity and transparency in property transactions.
Property Disputes in Lagos: A Growing Concern
The case is part of a growing trend of property disputes in Lagos, where rapid urbanisation and rising property values have led to an increase in legal conflicts over land and property ownership. As more people invest in real estate, particularly in prime locations like Surulere, property disputes are becoming more common.
Lagos, being Nigeria’s commercial hub, continues to see a boom in real estate development, which often leads to legal challenges as families and individuals navigate the complex landscape of property ownership and transactions. Property sales, especially those involving families and inherited assets, are prone to disputes, as seen in this case.
Experts suggest that parties involved in property deals should seek legal advice early to avoid lengthy and costly legal battles. “Having a clear contract and all parties agreeing to the terms is essential to prevent future conflicts,” said property lawyer Titi Adebayo.
