By Onozure Dania
A Lagos High Court sitting in Ikeja, will tomorrow deliver ruling in the suit by the Administrators of the Estate of the late Samuel Iyiola Omotoso against a new generation bank and Registrar of Titles, Lagos State over the landed property located at 5, Oduduwa Street, GRA Ikeja, Lagos.
The trial judge is Justice Beatrice Oke-Lawal.
The Administrators in the suit by Rotimi Aladesanmi, include Mrs. Oluwafunmilayo Nwafor, Mrs. Omowumni Olugunja, Mr. Elijah Omotoso and Mr. Emmanuel Omotoso, who are the children of the deceased.
They are contending in the suit that the propriety of a Mortgage Deed dated August 24, 2001 and registered as No 14 at page 14 in volume 2044 at the Lagos State Land Registry in respect of the property, upon which a credit facility of N155 million was extended to JNC Limited by the bank could not have been signed by a dead person, two years after his demise as claimed by the plaintiff.
The Administrators claimed that there was no loan advanced to the alleged borrowing company, JNC Ltd, by the 1st defendant (the bank) pursuant to, or consequent upon the deed of tripartite legal mortgage registered as No. 14 at page 14 in volume 2044 at the Lagos State Land Registry, with the claim that the said company was not registered.
The Administrators told the court that the person who prepared and signed exhibit EC 17 which was attached to a counter-affidavit, meant to have been written by the morgaggor, Engr. Samuel Iyiola Omotoso was wrongly spelt, with the error occurring on the masthead.
Counsel to the respondent, in his response to the claimants’ submission urged the court to strike out the claimants’ case, contending that the court lacks the jurisdiction to hear the matter.
Counsel argued, “My Lord, we have taken time to go through the claimants case and we want to state before your lordship that they lack merit and we have replied them appropriately.
“In a preliminary objection before the court, we seek that the matter of the claimant be quashed because this court lacks the jurisdiction to hear the matter.