Following his continued failure to render account of about N2 mllion rent he collected on the property of a Supreme Court Justice, Olukayode Ariwoola, an Oyo State High Court has ordered an Ibadan-based lawyer, Olayinka Adeniyi Okin, to pay to the Apex Court Justice a sum of N1.805 million with 10 per cent interest from the judgment date till the final payment.
This followed a suit marked: I/1346/2020, filed by Musibau Adetunbi, dated October 30, 2020.
In it, the claimant/applicant sought an order of Justice Moshud Abass of the Ring Road High Court 2, Ibadan, Oyo State “entering summary judgment in the sum of N1,805,500.00 against the defendant (Olayinka Adeniyi Okin) being indebtedness on rent due to the Claimant on his property situate at Akolade House, Olorunlogbon Street, Apete, Ibadan formerly under the management of the defendant”.
The defendant, who is a lawyer and engages in general law practice, as well as property management, was commissioned by the Justice to manage the property sometime in 2015, “but did not remit any rent collected on the property, despite the fact that tenants were put in possession by the defendant who collected rent from these tenants”.
In a 23-paragraph affidavit deposed to by Justice Ariwoola himself, it was averred among others: “Following the repeated demands made by the Claimant for account and remittance of the rent collected, the defendant forwarded an account which states that the money due to the Claimant as N2,895,000.00 (Two Million, Eight Hundred and Ninety- Five Thousand Naira).
“The defendant remitted the sum of N600,000.00 (Six Hundred Thousand Naira) to the Claimant and further deducted his commission (professional fee for the management of the property) which amounts to the sum of N289,500.00 leaving the balance due to the Claimant at N2,005,500,00 (Two Million, Five Thousand and Five Hundred Naira).
“Following series of demand, the defendant on 29th November, 2019 issued a cheque in the sum of N200,000.00 (Two Hundred Thousand Naira), reducing the debt to the sum of N1,805,500.00. Although I believe the property generated more money than stated in the defendant’s letter of 26th day of February, 2019; as receipts from the tenants in the building show more money than the amount presented by the defendant, but in good faith, I agree to the said sum while awaiting remittance of same by the defendant.
“When it became obvious that the defendant was not willing to pay me the money due from the management of my property, I then briefed my solicitors, Mr Musibau Adetunbi to recover the outstanding sum from the defendant.”
Moving the application on Monday for an order of summary judgment in the matter, Otunba Kunle Kalejaye (SAN), who held the brief of Adetunbi and led Muritala O.M, informed Justice Abass that there was no counter affidavit to the Supreme Court Justice’s application.
He relied on Order 11 Rule 1, Rule 5(2), Order 29 Rule 1 of the Oyo State High Court Civil Procedure Rule, and under the inherent jurisdiction of the honourable court, prayed the court for summary judgment in the sum of N1,805,500.00 “being the sum due to the Claimant on rent collected on his behalf which the defendant has refused to pay over to the Claimant on the property at Akolade House, Olorunlogbon Street, Apete, Ibadan”.
In his ruling, Justice Abass pronounced the summary judgment of N1,805,500.00 in favour of the Claimant, adding that the defendant was to pay “10 percent interest on the sum from today (Monday) till final payment”.
The claimant however did not ask for costs and none was granted by the court.
