Hon. Justice Olabisi Ogungbesan of a Lagos High Court has ordered the office of the Lagos State Administrator General and Public Trustee to take over the administration and management of the estates of the late Chief Godwin Olusola Kolawole Ajayi (SAN).

The judge also ordered the first to third defendants, “to disclose all the properties whether real or personal whatsoever they might be, comprising the estate of the late Chief Ajayi (SAN) and file an inventory of same in the registry of the court.

The judge made the order while ruling on a motion dated October 9, 2023, filed by Abosede Adeke Ajayi and Gbekeleoluwa Olayinka Oshinowo (Nee Ajayi) through their counsel, Mr Adekunle Oyesanya (SAN) in the suit marked LD/7561GCMW/20.

The claimants contended that they are also legitimate children of the late lawyer and that first to third respondents have run and benefitted from the estates to their total exclusion without any reference to them or benefit coming to them whatsoever.

The claimants had prayed the court for an order, asking 1st to 3rd respondents to render an account of the management of the estate to date and order injunction restraining the 1st to 3rd defendants from running the estate of the late SAN to the exclusion of the claimants.

The suit was filed against Chief Mrs Margaret Olayinka Ajayi, Mrs Oyetola Ajayi Oyekanmi (Nee Ajayi), Mrs Bolajoko Yeloye (Nee Ajayi) and the Probate Registrar of High Court as first to fourth respondents respectively.

The claimants’ motion was pursuant to Order 43 rule 4(1) and (2), Order 43 rule 3(1) of the High Court of Lagos State (Civil Procedure) rules 2019, Part 2 Section 14, Part 10 Section 61 of the Administrator General Laws of Lagos State Chapter 13 volume 2 Lagos State of Nigeria, 2015.

The claimants had prayed the court to order the first to third defendants to disclose all the properties comprising the estate of the late SAN and file an inventory of same in the Registry of the Court.

However, the respondents, in opposing the application, filed a counter affidavit of 15 paragraphs and attached some exhibits. The first to third respondents submitted that the issue of DNA test raised in their defence be addressed first to ascertain paternity issue.

They also contended that their mother was married to the deceased under the Act and they are the only children of the marriage. However, Justice Ogungbesan in her ruling, said the orders sought by the claimants are interim.

“I am of the view that it will be out of place to go into the merits or demerits of the entire suit. I opine that the prayers can be granted while the court is still determining who is legally entitled to succession and this is essentially a protective and preservative measure,” the court declared.

The court held that to insist on DNA as a condition before granting the application would not be in order as far as the court is concerned. “The instant application has merit if indeed there is property omitted whether erroneously or intentionally. I am inclined to grant prayer one to enable all that to be identified and table before the court,” she stated.

The judge, therefore, ordered the 1st to 3rd defendants to disclose all the properties comprising the estate of the late Chief Ajayi (SAN) and file an inventory of same in the Registry of the court and further ordered the office of the Lagos State Administrator General and Public Trustee to take over the administration and management of the properties.

Dissatisfied with the ruling, the 1st to 3rd defendants’ counsel, Jimoh Lasisi (SAN) has filed an appeal and a motion for a stay of execution of the orders made by the Court. In this article