Davidson Iriekpen
12 September 2007
Lagos — Two and a half years after the death of Nigeria's legal icon, Chief Fredrick Rotimi Alade (FRA) Williams, popularly known as "Timi the Law", his sons may soon be locked in a series of legal battles.
THISDAY has learnt that the cold war among the sons over their father's estate has taken a new dimension, leading to "indirect" legal actions between the first son, Ladi, and two of his brothers who run the late Williams' Chambers.
Williams is said to have died without a will, a situation that has led to a "cold war" between Ladi and his brothers, leading Ladi to pull out of the chambers to set up his own "in the interest of peace".
However, Ladi's children are said to be dissatisfied that their father pulled out and gave up on FRA's vast estate "too easily".
THISDAY checks revealed that the "cold war" has now become full-blown as a series of litigation is about to ensue.
Adold/Stamm International Nigeria Limited, a company in which Ladi has interest, has dragged two other sons of the late legal luminary and their chambers, Chief Rotimi Williams Chambers, before an Ikeja High Court for "breach of agreement".
The sons, who are the third and fourth respectively of the four sons of the late Chief Williams, are Folarin Rotimi Abiola Williams and Tokunbo Eniola Williams, SAN.
The claimant, according to the written address in support of the claimant's counter-affidavit to the 1st and 2nd defendants' motion dated March 27, 2007 and filed on April 16, 2007, a copy of which our correspondent got yesterday, said Adold/Stamm undertook a contract with the Lagos State Development and Property Corporation (LSDPC) to build a low-cost housing project.
Subsequently, there was a dispute between the company and LSDPC, for which the claimant was awarded the judgment sum of N17.1 million.
In the resulting litigation, the defendants acted as counsel to the company in the suit No ID/2M82,CA/l/380M/96 and SC/19/2000.
This judgment sum, according to the claimant, was held for the company by their counsel (defendants). The 1st defendants paid the sum of N15.5million to the one of the directors of the claimant, Chief Ladi Williams, SAN. When it made a formal demand for the remainder of the judgment sum now standing at N21.8million, the defendants refused to comply
The claimant stated that it initially filed an action in suit No ID/1093/2006 and after all entreaties to make the defendants pay the money, it decided by a writ of summons to sue the defendants jointly and severally.
The issues the claimant wants the court to determine are:
- Who is the claimant in the suit? Chief Ladi Williams, SAN or Adold/Stamm International Nigeria Ltd?
- Whether there was an arbitration agreement between the parties or whether the claimant was a party to such agreement, and therefore subject to the provisions of section 4 and section 5 of the Arbitration and Conciliation Act, Cap A18, law of the Federation, 2004;
- Whether exhibit TEW1, TEW 3 and TEW 6 are relevant admissible;
- Whether the proceeding herein ought to be stayed.
- Whether any probative value can be attached to TEW1- TEW 6
- Whether a judgment sum can be the subject- matter of arbitration
The defendants in response to the claimant's writ of summons and statement of claim filed a motion, seeking the following orders:
- An order staying proceedings herein and referring to the matter to arbitration;
- For such further orders as the court may deem fit to make in the circumstances.
The premised their application on the following grounds:
- The document in the exhibited in the affidavit as exhibit has an arbitration clause to deal with dispute arising therefrom
- the dispute giving rise to the subject matter of the claimant's claim is properly the subject of arbitration under the arbitration clause, and
- The application was brought in good faith.
Also, two directors of the claimant, Mr. Adeleke Dina and Miss Rebacca Tanga, in their counter-affidavits of April 27, 2007 had stated that they have no knowledge of virtually all the exhibits tendered by the defendants.
The document states:
"The Director of claimant, Mr. Adeleke Dina, has in counter-affidavit dated April 27, 2007 stated categorically that he had no knowledge of the exhibits... He would not be expected to have knowledge of such documents. All he knew was that the matter was being dealt with by Chief Ladi Williams, SAN, and in paragraph 10 of the same Counter-Affidavit, Mr. Dina stated that as far as he was aware, Chief Ladi Williams, SAN, solely authorised, and on his own initiative had made efforts to settle the matter amicably and prevent it from going to litigation.
"He submitted that the exhibits mentioned are letters exchanged between the parties in the course of trying to achieve settlement of this matter before going to litigation, urging the court not to allow such evidence to be used because they are privileged from disclosure and are inadmissible.
"It has been established by the affidavit evidence of Mr. Dina that Chief Ladi Williams, SAN, made efforts to settle the matter out of court, pointing out that this was an unauthorised attempt by Chief Ladi Williams, SAN, acting solely on his own initiative. This is understandable because the Defendants are brothers of Chief Ladi Williams, SAN, and he was trying to avert the very situation that has now developed namely, being put in the uncomfortable situation of the claimant in which he is a Director, taking his own brothers to Court and the resulting ignominy that would be associated with the late Chief F.R.A Williams, SAN, and his family of being associated with two Lawyers who are ultimately being sued in an action for what represents misappropriation or embezzlement of Client's money contrary to the provisions of the Legal Practitioners Act.
"Chief Ladi Williams, SAN, took every step to avert the current situation by enlisting the aid of eminent Nigerians to mediate. Indeed the list of eminent Nigerians called upon to mediate in the matter is evidenced by Exhibits TEW 4 and TEW 5 are impressive men of standing in Nigeria and men like Chief Koye Majekodunmi, the Honourable Justice Kayode Eso (Rtd.), Chief Ernest Shonekan and a personal appeal to his Uncle, Mr. Akintola Williams. It appeared the issue would be resolved amicably and Chief Ladi Williams, SAN, was able to persuade the Board of Directors of Claimant to withdraw Suit No. ID/1O9312006 in anticipation of receiving the Judgment sum from the Defendants. Unfortunately, the matter was not resolved amicably and a Writ of Summons instituting the current action was filed in 2007".
THISDAY learnt yesterday that Ladi may file another suit in respect of other companies any moment from now.
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