Police detectives have foiled the alleged plans by the Manager of Ecobank PLC, Oke Afa branch, Ejigbo area of Lagos, to use the property of a late elderly man, who died and was buried in 2018 as collateral by an imposter.
At the time the alleged scam happened, the family stated that elder James Oladipo Sodehinde had died since the 3rd day of September, 2018 and was buried on the 26th day of October 2018 at the African Church Cathedral, Owu, Abeokuta, Ogun State.
However, the scam got exposed and the family has now instituted legal action against Ecobank and one Gregory Odutayo said to have conspired with the Bank Manager to use the house documents as collateral in order to secure a loan.
In the suit filed by the family’s Counsel, Barrister Adejumo Omobolaji Jubril, before Lagos Court, the family is asking for N10m general damages for the trauma the defendants made the complainants to suffer during the period to secure their property back.
In the suit filed by Olurotimi Sodehinde on his behalf and that of the children of their late father, Pa James Sodeinde, seeks to establish that the defendants wrongly and negligently placed wrong encumbrance on the claimant’s property at the land registry in Ibadan, Oyo State. And N10m damages jointly and severally against the defendants for legal fees, emotional pains and anxiety the claimants suffered over wrong encumbrance place on the property heredited by the claimants.
In the statement of claims on the suit with number MCL/577/2022, the claimant stated as follows:
The claimant and their family had appointed D-P Dupe Ogunbosi & Co Estate Surveyors & Valuers as their agent to sell the said hereditament.
That the 2nd Defendant had earlier shown interest to purchase the said hereditament situate at SW8/1285 Sodehinde Street, off Antani Road, Ring Road, Ibadan, Oyo state.
Photocopies of the title document were given to the 2nd Defendant thereafter he stopped contacting the claimant family or their agent.
On or about the 10th day of June 2021 another prospective buyer, Momas Electricity Meters Manufacturing Company Limited, contacted the 1st claimant’s agent with respect to the said property.The said prospective buyer conducted a search at the land’s registry and thereafter called off the transaction, he however informed the claimant’s agent that the property is encumbered.
The said prospective buyer brought a report which among other things shows that:
The property is located at Plot 6 Ring Road, South West Ibadan, Oyo State.
Conveyance dated 5/08/1963 by Olu Ayoola to Akanni Olaosebikan registered as 34/34/687 dated 31/10/1969 and later transferred to Sodehinde registered 22/22/1163.
Certified true copy of the conveyance was issued to Dele Olomola & Co on behalf of ECOBANK Nigeria Ltd for perfection of legal mortgage dated 22/01/2021.
The 1st Defendant by an email emanating from Okereke Vanessa (chokereke@ecobank.com) of the legal and regulatory unit of the 1st defendant bank instructed the law firm of Dele Olomola & Company to conduct a search on the Claimant hereditament without any legal basis or need.
That towards perfecting the brief the said Dele Olomola on behalf of the bank deposed to an affidavit dated the 14th day of January 2021.
That the said Dele Olomola on behalf of the 1st Defendant made averments to the effect that Mr. Ladipo James Sodehinde the grantee and holder of the land situateat plot 6 femi ayoola layout ring road Ibadan was at the bank to negotiate legal mortgage and has submitted a copy of the title document to the 1st defendant for legal search and verification.
That at all times material of this action elder James Oladipo Sodehinde had died and he had since died since the 3rd day of September 2018 and had been buried since the 26th day of October 2018 at the African Church Cathedral, Owu, Abeokuta.
The claimant will contend at the trial of this suit that the 2nd Defendant acting in concert with staffs of the 1st Defendant Bank at its Oke-Afa branch, whose identifies are unknown to claimant and who are acting under the control and direction of the 1st Defendant in the performance or purported performance of their duties criminally misrepresented to the Ministry of Lands, Housing & Urban Development of Oyo State that the deceased Elder Sodehinde approach the 1st Defendant for a loan.
That acting in reliance on the application of Dele Olomola & Company and the affidavit in support of application for application for CTC on behalf of the 1st Defendant and not otherwise the Ministry of lands, housing & urban development issued to the 1st Defendant a Certified True Copy of the Claimant’s property and proceeded to enter same in their record books thus constituting caveat against the sale of the property.
Further to the above a CTC of the document was issued to the 1st Defendant.
The issuance of CTC to the 1st Defendant constitutes an encumbrance on the land.
That it was not until the police opened investigation into the matter following complaint by the Claimant that the 1st Defendant returned to the land’s registry the CTC of the title document it had fraudulently and/or illegally processed and obtained.
The Claimant avers that he cannot come to the true and full knowledge as to the joint and several responsibilities of the Defendants except by discovery.
By a letter dated the 22nd day of June 2021 and addressed to the branch Manager Ecobank-Nigeria Ltd, SEARCH PROCESS, REPORT AND SUBSEQUENT DEVELOPMENT, the 2nd Defendant admitted using the claimant’s hereditament in connection with a mortgage facility as approved by the 1st defendant.
Consequent upon the issuance of the Certified True Copy of the title document of the property situate at SW8/1285 consisting of a storey building and a bungalow registered as No 22 at page 22 in volume 1163 of the Lands Registry, Ibadan to the 1st Defendant for the purpose of a legal mortgage the Claimant had not being able to sell the property precipitating a loss of value.
The Claimant will at the trial of this suit contend that the 1st Defendant was negligent in it’s dealings with the 2nd Defendant by ignoring the canons of lending thereby injuring the Claimant.
By reason of the facts set out above the claimants faced the fear and anxiety of losing their hereditament.
The Claimant is entitled to and claims aggravated and exemplary damages.
It is the contention of the Claimant that even though there was no privity of contract between them and the Defendants, the defendants owed to them jointly and severally a duty of care to make sure the Claimants were not hurt by their actions or inactions.
That the Defendants breached this duty of care they owed to the Claimants.
That the Claimants were hurt as a consequence and have suffered pain and injury and sustained loss and damages.
The matter has been assigned to Igbosere Magistrate Court 10 sitting as Court 2 Yaba, Lagos State.
Ojelabi, the publisher of Freelanews, is an award winning and professionally trained mass communicator and a recipient of the D9112 Superstar Icon Award, who writes ruthlessly about pop culture, religion, politics and entertainment.
