Businesswoman Asks Court to Restrain Ex-Landlord’s Son from Trespassing on Her Property

A Lagos-based businesswoman, Mrs. Joy Pius Okafor, has urged a Lagos High Court sitting in Ikeja, to restrain one Mr. Nurudeen Olayiwola or his servants, or agents from harassing, intimidating, molesting and trespassing on her property situate at 18, Alasela Street, Off Sholanke Street, Karaole Estate, Ogba, Lagos.

The claimant in the Suit No: Temp/29323/2017, is also praying the court to declare that the forceful takeover of her property by the said Olayiwola was unlawful, illegal and condemnable.

According to Mrs. Okafor, she bought a portion of the property in dispute, comprising seven rooms, two kitchens, a toilet and a bathroom from one Alhaji Muruaina Olayiwola, whose son is the defendant in this case.

Mrs. Okafor stated that Alhaji Muruaina Olayiwola, who suddenly died intestate sometime in November 2014, had informed his agent, one Mr. Akin Adepoju of his desire to sell a portion of his property.

The claimant averred that she learnt of this from another agent, one Mr. Gbenga Ayeni, who is a friend of Adepoju, the late Olayiwola's agent.

Mrs. Okafor said having shown interest, she conducted an inspection of the portion of the property which land space measures about half a plot of land, adding that because she was satisfied with the portion, they bargained and settled for the consideration of N800,000 only.

The claimant stated further that part of the negotiation and agreement was that she was going to pay the consideration in installments.

According to her, based on the agreement, she paid the first instalment of N270,000 on November 12, 2003, whereupon Alhaji Muraina Olayiwola issued a receipt.

She claimed to have paid the second instalment of N250,000 on April 4, 2014, while the third instalment of N100,000 was paid on June 26, 2014, and the fourth installment of N80,000 on August 7, 2014. The balance of N100,000 was paid in September, 2014 after which a Deed of Conveyance was executed on September 18, 2014.

The claimant averred that, upon paying the last instalment and upon the execution of the said Deed of Conveyance, the said Alhaji Muraina Olayiwola introduced her to the tenants in the portion of the property sold to her, as their new landlady and she immediately took possession.

Mrs. Okafor averred that she also on the same date, September 18, 2014, proceeded to the Obawole Family to have the matter ratified and obtained a Family receipt.

The claimant averred that, when a room and a parlour apartment became vacant in her own portion of the property, she moved into the premises with her family, and was resident there along with her tenants.

The claimant averred that at a point, Alhaji Muraina Olayiwola, the father of the defendant, Nurudeen, mentioned to her in the presence of his agent that Nurudeen had sold the house without his knowledge and absconded, and that he had to refund the purchase price to the person whom Nurudeen sold the house to.

Mrs. Okafor stated that trouble started after the sudden demise of Alhaji Muraina Olayiwola. That the son, Nurudeen, who had isolated his father and was not on a talking terms with his late father, came around and told her to vacate his late father's property, as he was sure that his father did not sell the property to her.

The claimant stated that even having confronted the defendant, Nurudeen, with all receipts of payments and the Deed of Conveyance, the defendant continued to foment trouble, threatening to throw the claimant out of the property.

The claimant averred that since then, it has been one form of attack or the other from the defendant, adding that, the defendant even told her tenants not to pay her rent.

She averred that at a time, the defendant in the company of his sister and two other fierce looking young men, came to the premises caused some collateral damage to her wares by forcefully entering her apartment and destroying her belongings.

The claimant stated that, as a result of the traumatic experience she suffered in the hands of the defendant, she had a relapse of psychosis which was a situation she had been managing over time, leading to her admission at the Yaba Psychiatric Hospital for about seven months.

She stated that, due to her absence as a result of her admission in the hospital, the defendant took over her apartment and upon her discharge from the hospital, she had no home to return to.

She further averred that, due to the forceful take over of her apartment by defendant, she lost valuables including TV set, Phone, fan, etc.

She therefore, prayed the court to declare her the statutory right of occupancy to the premises, and that the signatures on the four receipts issued by the defendant's late father were the true and genuine signatures of Alhaji Muraina Olayiwola.

Mrs. Okafor also wants the court to mandate the defendant to immediately vacate her apartment, and award her the sum of N5 million as exemplary and aggravated damages against the defendant.