Justice Olabisi Ogungbesan of a Lagos High Court sitting at Igbosere, yesterday fixed November 1, 2021, for the hearing of contempt proceedings against Chief Olatunbosun Isiba, a brother to the traditional ruler of Agege Oba Kamila Oyedeji Isiba, who is the first claimant in the suit, over failure to account for rents collected from tenants of the Estate of late Mr Fredrick Bamgboye.
The traditional ruler and two of his siblings, Olatunbosun and Adebayo Isiba, had in sometimes July 2015, approached the High Court of Lagos state praying for the possession of 73/75 Palm Avenue, Mushin property of late Bamgboye, and described the defendants now in the suit as persons unknown.
In their originating summons, Justice I. O. Harrison delivered judgment on April 27, 2016, granting possession of the property situated and located at 73/75 Palm Avenue, Mushin, Lagos to the claimants/ respondents.
Sequel to the execution of the judgment the defendants/applicants Adelanwa Bamgboye and Olugbeminiyi Bamgboye, filed an application challenging the enforcement of the judgment delivered on April 27, 2016 and other reliefs were also sought.
The applicants applied that the judgment of April 27, 2016, which granted the possession of the property be set aside. The court on January 15 2018, set aside its earlier order and ordered that the Lagos High Court official receiver should manage the property.
Trouble started for Isiba when despite the Court order, he went behind and collected two years rents from all the tenants occupying the apartments. The court therefore ordered that he should account for the monies he collected but he refused, failed and neglected to account for the rents from 2019 till date running into millions of Naira.
The Defendants therefore applied to Court for an order of committal to prison against Chief Olatunbosun Isiba (a former law officer in the Lagos State Ministry of Justice) for disobeying the order of Court.
Barrister Lawal Yusuf, from P.O.Jimoh Lassisi SAN lawyers to the Bamgboye family in a 20 paragraph affidavit deposed to by Olugbeminiyi Bamgboye, stated that Isiba had in the past flouted the order of court that he should account for rent he collected in respect of the same property in dispute made by Justice Ashinyanbi.
According to the lawyer, unless Chief Olatunbosun Wasiu Isiba is committed to prison for contempt of Court, he will continue to disobey the subsisting and valid order of Court made on March 16, 2020.
Meanwhile in a letter marked as Exhibit before the Court and signed by Chief Deji Isiba and Saheed Isiba, head of family and Secretary to Momoh and Alliu Isiba family respectively, the family claimed that the said Chief Olatunbosun Wasiu Isiba acted on his own adding that the family did not at any time authorize him to collect rent from the said property.
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