Mortgaged property: Court to rule on suit against bank, registrar of titles Dec. 14
Ruling on a suit filed by the Administrators of the Estate of the late Samuel Iyiola Omotoso against Ecobank Nigeria Plc and Registrar of Titles, Lagos State over the landed property situate at 5, Oduduwa Street, GRA Ikeja, Lagos has been fixed by a Lagos High Court, Ikeja.
Justice Beatrice Oke- Lawal, fixed December 14, 2017 to rule on the family suit against the bank and the registrar of titles.
The Estate Administrators in the suit with No: ID/3967GCMW/17, which emanated through Originating Summons filed by Rotimi Aladesanmi are, Mrs. Oluwafunmilayo Nwafor, Mrs. Omowumni Olugunja, Mr. Elijah Omotoso and Mr. Emmanuel Omotoso, who are the children of the deceased.
The Administrators in their argument through their counsel, Rotimi Aladesanmi, contend 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 Ecobank wouldn’t have been signed by a dead person, two years after his demise as claimed by the plaintiff.
The claimant also contend that there was no loan advanced to alleged borrowing company, JNC Ltd, by the 1st defendant (Ecobank) 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.
Aladesanmi further 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.
The Claimants, also stated that no amount was stated on the deed of tripartite legal mortgage as loan covered by the mortgage, neither is there any date for ‘repayment’ of any loan stated.
Counsel to the respondent, in his response to the claimants submission, urged the court to strike out the claimant’s case, based on the fact that the court lacks the jurisdiction to hear the matter.
The counsel also informed the court that the respondent in a preliminary objection dated July 27, 2017, had also proved that the case of the claimant is contentional.
“My Lord, we have taken time to go through the claimant’s 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.
On another ground, we also urge the court to strike out the matter because it is contentional”.
“Contrary to the claimants claim, there was no transaction in the first place and this and other points we have proved in the preliminary objection of the plaintiff party before the court,” he said.
Peter Fowoyo
