Court rules against woman challenging rights of children over their deceased father’s property

AN Oyo State High Court has held that non provision of a letter of administration by children and family of a deceased America returnee, Chief Olalekan Lagoke who died without a written will does not invalidate their relationship with the deceased.

Justice Kabiru Olawoyin, while delivering a ruling in a preliminary objection filed by one Mrs Biola Ayinke Titilayo against the defendants, Professor Segun Lagoke and Mr. Olawuyi Lagoke, who stood in for other members of Lagoke family, declared that the four claimants are not busy body as alleged by the first defendant.

Chief Lagoke died intestate in October 2022 after returning from the US.

Mrs Biola Ayinke Titilayo had filed a suit challenging their locus standi for instituting the case against her. She also alleged that the children of the deceased and his family had no right to lay claims to various properties owned by their late father and family because they did not present the letter of administration. The court however ruled that first and second claimants are junior brothers to the deceased and section 41 of the Estate Law of Oyo State allows the first and second claimants to sue for the properties of their late brothers since the children are minors.

Justice Olawoyin stated that the claimants had declared that late Olalekan Rafiu Lagoke only co-habitated with the first defendant when he returned from Lagos state to Ibadan and there was no child between them and therefore referring to the claimants as busy body in this case is null and void. The trial judge also said that the fact that the claimants did not present letter of administration on the properties of late Chief Olalekan Rafiu Lagoke before the court cannot prevent them from representing their family in protecting the properties of their late brother.

The properties include a duplex building at 4, Gbedu street, Ikolaba Estate, a completed landed property at Kehinsi Village near Paara, New Airport area in Ona Ara Local Government, uncompleted landed property situated at Ikolaba area and containing an area of 518.452 sq metres of land, and part and parcel of the estate of the late Chief Olalekan Rafiu Lagoke.

The claimants through their counsel Mr Peter Idowu and Mr Taiwo Adediran prayed the court to declare that the first defendant has no legal authority to sell any of the properties of late Chief Olalekan Rafiu Lagoke and that the purported sale of the uncompleted land at Oba Oni street, Ikolaba area with survey no plan Oy/3912/2020/060 dated 31/08/2020 by first defendant to the second defendant was illegal. They requested court to set aside the purported sale of the land.

The claimants in their Writ of summons is asking the court for an order of perpetual injunction restraining the defendants, and others from interfering, entering, disposing, selling, building or undertaking any construction work, tampering or dealing in any manner whatsoever with the properties of the deceased. Justice Olawoyin later adjourned the case till June 16, 2025 for case management conference.