Lagos- An 86-year-old widow has dragged Timicom Telecommunications, the firm owned by the Peoples Democratic Party (PDP) South-West Acting National Vice-Chairman, Deji Doherty, before an Ikeja Magistrate Court over her late husband's estate.
Adedayo Dada, the elderly woman, in her Statement on Oath, stated that the defendant had misrepresented facts to the sub-tenants of a property she inherited from her late husband, Dr. Ekundayo Dada.
The property is situated in Lagos.
The widow and the administrators of her late husband estate told Chief Magistrate, Eniola Fabamwo, that her husband entered into an agreement with the defendant for the lease of the property for a term of two years, commencing from February 19, 2001.
She added that in October 2001, the defendant sought the consent of the lessor, via a letter dated October 30, 2001 to extend the said lease for an additional five years but the lessor consented to extend the said lease for an additional three years.
The lease was further extended for one year, from February 19, 2007 to February 18, 2008 at the sum of N1.6 million.
Dada stated that her husband died during the period and the management of the demised premises devolved to her as the surviving spouse of the lessor and the beneficial owner of the property.
Subsequently to the leaser’s death, and after series of negotiations and exchange of correspondence with the defendant, she further extended the lease to end of February 18 last year.
She alleged that she wrote the defendant a letter dated January 30, 2012 that she and the estate of the leaser had agreed to make personal use of the property at the expiration of the lease granted to the defendant on February 18 last year and issued a Notice to Quit dated June 3, 2012.
But surprisingly, she alleged, the defendant informed her that it had rented the building to third parties up to 2015, contrary to the extant lease agreement.
“The defendant had at different times made unauthorised alteration to the building and had rented it out to nine different sub-tenants for various terms,” she stated.
Dada lamented that the defendant had fraudulently misrepresented facts to the sub-tenants and thereafter rented the premises beyond the term granted it without her prior or subsequent consent or ratification.
However, the defendant in his defence and counter claim filed before the court stated that it did not breach any covenant as the approval of late Dr. Ekundayo Dada was obtained before it built the shopping complex in the demised premises.
The defendant stated that the late Dr. Dada pleaded with him to take over the premises and carry out any renovation necessary either for residential or business premises in order to salvage the property from collapsing entirely, adding that there was however an agreement that should the premises be used for business, it must be converted back to residential status upon the determination of tenancy.
“As a result of understanding between the defendant/counterclaimant and the plaintiffs/defendants predecessor (Dr. T. Ekundayo Dada) the defendant/counterclaimant invested about N40 million and carried out massive reconstruction of the demised premises which was done in two phases whereupon it established business therein. As a result of huge investment made by the defendant/counterclaimant, it insisted on long lease in order to recoup its investment but the late Dr. Ekundayo being a retiree insisted on yearly tenancy as he may often need money but assured the defendant/counterclaimant that there will be no problem being a bosom friend of Dr. Tunji Doherty, father of the defendant/counterclaimant chairman” said the defendant.
– CAJ News