Judgment has again been adjourned until June 20, 2023, in the property case involving the Administrators of the Estate of Regina Omoloto Wright and their tenant, Star Properties Limited in Ganiyu Smith, Lagos Island property.

The case suffered delays for many years before Justice Taofiquat Oyekan-Abdullahi of the Lagos State High Court, who later retired before it was re-assigned to Justice Olalekan Oresanya.

The new judge has adjourned for judgment for the fifth time.
Judgment was first fixed for December 13, 2022, but it was moved to January 26, 2023.

It was not delivered that day and was again shifted till February 14.

The Judgment was not delivered on February 14, but was further adjourned till March 30.
Again on March 30, the judgment was stalled and was shifted to May 18.

Parties were again disappointed on May 18 when the case was again adjourned until June 20 for judgment.
Stakeholders are of the view that allowing litigants endure many of such adjournments is one of the reasons there is a loss of trust in the judicial system.

The Estate Administrators had rejected a bid by the tenant, Star Properties, to pay a 1958 lease of £130 (about N60, 000 based on old official conversion rate) yearly.

The tenant is insisting on paying the original 1958 leasehold rate of £130 despite not being a party to the original agreement.
The family, represented by Adediran Thomas and Mrs. Oyinkansola Obasi (nee Thomas), contends that the yearly rental value of the property as of 2016 was N15 million as determined by estate valuers.

The Administrators contend that Star Properties is a tenant, not lessee, as it is far removed from that 1958 leasehold agreement.
According to them, the original leasehold agreement states that the leasehold would cease if the rate due was not paid for one year.

The Administrators’ position is that having failed to pay for 14 years as of 2016, Star Properties can no longer have leasehold of the estate, since it claims to derive legal rights from the 1958 leasehold agreement.

Star Properties, whose directors and founders include Chief Chris Ogunbanjo, is seeking an interpretation of the 1958 lease agreement on the property on 3, Ganiyu Smith Road, opposite St Nicholas Hospital, Lagos Island.

But, in their counter-affidavit, the Administrators said the late Mrs. Wright owned the property, formerly on 3, Prison Street, Lagos Island, with title number L01630 registered with the Lagos Ministry of Lands on April 16, 1948. She also built on it.

The Administrators said the late Mrs. Wright signed a lease agreement with Mr. Maroun Daakour on June 16, 1958, for a 99-year lease commencing April 1, 1958, at £130 yearly.

Daakour sub-let the property to Vensimal Sawlani and Hotchand Sawlani on August 31, 1961, before Star Properties eventually took over from the Sawlanis.

After the original estate administrators died, Mr. Thomas and Mrs. Obasi were appointed as the Administrators.
Star Properties failed to pay for 14 years the naira equivalent of £130, which it insisted on paying, thereby rendering that contract null and void, according to the family.

They said all efforts to negotiate and reach a compromise with Star Properties and the Ogunbanjos proved abortive.
The family of Mrs. Omoloto Wright is of the view that Star Properties/the Ogunbanjos are only tenants, as there was no leasehold contract with them.

The family insists that the 1958 leasehold contract, which was with Maroun Daakor, was so bad and one-sided, with no review clauses.
It is praying the court to disallow the injustice from continuing, especially with a party that was not signatory to the contract.

The respondents had briefed their lawyer to open negotiations with Star Properties to seek an amicable settlement.
They engaged an estate valuer, Jide Taiwo & Co, which estimated that the property’s rental value for 14 years (2003-2016) was N90 million at the time.

The family asked the tenant to pay half of the sum, but Star Properties refused the reduction and rejected the valuation report.

The Administrators said when the matter could not be resolved amicably, they asked their lawyers to issue a quit notice to Star Properties partly for non-payment of rent, which as of 2016, was 14 years overdue.

Two months after the quit notice, Star Properties sent a cheque of N1, 082,000, which in its view was supposed to cover the 14 years of unpaid rent, but the administrators rejected it.

However, the Administrators’ law firm was encouraged to accept the cheque by the former judge despite the lawyer making it clear he was under instruction by his clients (the administrators) not to accept it.

The respondents said Star Properties did not pay the outstanding rent or move out at the expiration of the quit notice.
But, Star Properties said it “acted in good faith by issuing the cheque for the rent due in compliance with the lease agreement between parties”.

The tenant argued that it was not part of the terms of the lease that the rent would be reviewed before its expiration.
It added that it only agreed to a review of the rent “on compassionate grounds” and is “not even bound to concede to the review of the agreed rent”.

Both parties await the judgment on the interpretation of the 1958 leasehold agreement on June 20.