Tue. Apr 20th, 2021

Kwara Court Orders Opening Of House Sealed Against Widow, Kids

The Deceased, Late Alexander Iyekolo, and the Two Defendants in The Suit, Emmanuel Iyekolo & Dele Awogbemi

Kwara Court Orders Opening Of House Sealed Against Widow, Kids

An Ilorin Upper Area Court, Kwara State, has ordered immediate opening of a structure belonging to the Late Alexandra Olukorede Iyekolo, lying being and known as Dalex Royal College, located at kilometer 5, Jebba Road, Sango, Ilorin, Kwara State, which had been locked by his siblings since deceased’s demise, on June 8, 2020, for his four kids and widow to reside in. 

The court also ordered the release of the remain of a the businessman, whose corpse was allegedly detained by his siblings deposited in a private hospital mortuary, for a befitting burial. 
The court further restrained the deceased’s siblings, their agents, privies and whosoever may be acting on their behalf, from locking out or continuing locking out the four kids and their mother, from the deceased’s residential and from disturbing or obstructing his burial, on any date fixed for the final burial at interment in the premises of Dalex Royal College. Sango, llorin, Kwara State

The court presided over by Justice Mustapha Abdulganiyu, made the orders while granting an ex-parte application filed and argued by Mr. Adewale Olatunde, counsel to the deceased’s four kids and their mother, Dr. (Mrs.) Olushola Iyekolo.

Dr. Iyekolo alongside her four kids, who are; Damilola; Temidayo; Korede and Kolade in the ex-parte application marked UAC1/CVF/390/2020, have asked the court for the above orders against; Emmanuel Abiodun Iyekolo; Dele Awogbemi (who were alleged to be keeping the corpse of the deceased);Chief Medical Director, Omosebi Hospital Mr. Onyia Ohimeye  Nnarmezie  (Owner/Operator of Omosebl Hospital Mortuary) and one Magistrate Bamgboye.

Justice Abdulganiyu, after listening to Adewale T. Olatunde esq. counsel to deceased’s kids and widow, pronounced that “it is hereby ordered as follows: that this Honourable court is restraining first, second and fifth defendants/ respondents, their privies, agents, or whosoever called from locking out or continuing locking out the plaintiffs from their father’s residential situated, lying being and known as Dalex Royal College,  kilometer 5, Jebba Road. Sango, Ilorin, Kwara State, which the plaintiffs/ applicants as the Children of Late Alexandra Olukorede Iyekolo, are entitled to have access therein pending the hearing and determination of the motion on notice filed on 16/6/2020. 

“That this Honourable court is allowing the Plaintiffs/Applicants to enter Into and occupy their late father’s house/residence situate, being and known as Dalex Royal College, Sango, Ilorin, for the purpose of the final burial of the late Mr. Alexander Olukorede Iyekolo, who died on 8/6/2020 and whose corpse is still in the morgue at Omosebi Hospital, llorln and whose Interment is to be in the said premises pending the determination of the Motion on Notice tiled on 16/6/2020. 

“That the Honourable court is compelling the defendants/respondents either personally or by their agents, servants or privies howsoever called to release forthwith, the corpse of the late MR. Alexander Olukorede Iyekolo, to the Plaintiffs/Applicants unhindered for burial in the premises of Dalex Royal College, Sango, llorin, Kwara, the said place being the residence of the Plaintiffs/Applicants and their late father where the Plaintiffs/Applicants and the Head of the family, High Chief O. O. Olorunmonu have agreed for the burial of the late Mr. Alexander Olukorede Iyekolo, pending the determination of the Motion on Notice filed on 16/6/2020. 

“That the Honourable Court Is restraining the first, second and fifth Defendants/ Respondents either acting personally or through any agents, servants, privies or any person or persons howsoever called from disturbing or obstructing the burial of the Late Mr. Alexander Olukorede Iyekolo, on any date fixed for the final burial at interment In the premises of Dale: Royal College. Sango, llorin, Kwara State pending the determination of the Motion on Notice filed on 16/6/2020. 

“That the Honourable Court is restraining the first, second and fifth Defendants/ Respondents either by themselves at In concert/connivance with anybody howsoever called from harassing, obstructing or preventing the Plaintiffs/ Applicants from entering or possessing or residing in the premises known as Dalex Royal College, Sango, llorin, Kwara State before, during and after the burial of the late Mr. Alexander Olukorede Iyekolo in the said premises pending the determination of the Motion on Notice filed on 16/6/2020”. 

Justice Abdulganiyu, after granting the plaintiffs’ exparte application, adjourned till June 23, 2020, for the hearing of the deceased’s kids and widow’s motion on notice against all the defendants in the suit.

The plaintiffs’ motion on notice is brought before the court pursuant to sections 14 and 15 area court law, order s rule 1, order 15 rule 1 and order 17 rule 2 area court civil procedure rules of kwara state, supported with a 35-paragraph affidavit, is seeking a Court order restraining Emmanuel Iyekolo, Dele Awogbemi and Magistrate Bamgboye, who are the first, second and fifth respondents in the suit, their agents, privies, work men, servants or howsoever called from locking out or continuing to lock out the plaintiffs/ applicants from their father’s residential house situate, lying, being and known as Dalex Royal College, Kilometre 5, Jebba Road, Sango, Ilorin, Kwara State, which the plaintiffs/applicants, as children of the late Mr. Alexander Olukorede lyekolo are entitled to have access to and reside therein pending the determination of the substantive suit.

The plaintiffs are also seeking an order of the court to allowing them to enter into and occupy their late father’s house/residence situate, being and known as Dalex Royal College, Sango, Ilorin, for the purpose of the final burial of the late Mr Alexander Olukorede lyekolo who died on 8/6/2020 and whose corpse is still in the morgue at Omosebi Hospital, Ilorin, and whose interment is to be in the  premises pending the determination of the substantive suit.

The plaintiffs also asked the court for an order compelling the either personally or by their agents, servants or privies howsoever called to release forthwith, the corpse of the late Mr Alexander Olukorede lyekolo to them unhindered for burial in the premises of Dalex Royal College, Sango, ilorin Kwara State, said place being their residence and the where they have agreed with the head of family, High Chief O. O. Olorunmonu, for the burial of the deceased  the substantive suit