A Lagos High Court has ruled in favour of the estate of a deceased property owner, ordering a mortgagee, a leading Nigerian bank, to pay over N112 million in compensation for the wrongful sale of properties located in Ikoyi area of Lagos. The judgment, delivered by Justice L. O.
Harrison, highlighted irregularities, fraud and bad faith in the sale of the property, which was undervalued by more than half of its market price. The Claimants in the suit are Mrs. Olubunmi Ogunde, Master Olumuyiwa Ogunde, Miss Eniola Ogunde (minor) (2nd and 3rd) claimants suing by their guardian ad-litem Olubunmi Ogunde, Mrs.
Yewande B. Ogunde, Atinuke Ogunde Afolabi Ogunde and Oyeniye Ogunde. While the respondents are Olushola Adetokunbo Ogunde, Olubunmi Abiola Ashiru, Kehinde Olugbenga Ogunde Olayinka Modupe Madden (executive to the estate of Otunba Adedoyin Olaide Ogunde – deceased, the Probate Registrar, High Court of Lagos, Union Bank of Nigeria plc.
Others are Prof. Olabisi Ogunfowora, Abel Omodele Ajayi, S.B Aomabojr, Michael Adebisi Popoola and Babatunde Timothy Oremade.
While delivering the judgment, Harrison noted that the case involving a multi-unit property at No. 6 Moore Road, Ikoyi, which had been mortgaged by the deceased’s estate to the bank to secure a loan. Following the death of the mortgagor, the bank sold the property to recover an outstanding debt of N14 million.
However, Justice Harrison found that the bank’s sale of the property was not only.