Titan Wealth Holdings vs Marian Atinuke Okunola

18 Feb 2025Court Report

High Court activates suspended sentence for breach of court orders in a case involving harassment and document disclosure

Introduction

The High Court has ruled in favour of Titan Wealth Holdings Limited and others in their application to activate a suspended sentence against Marian Atinuke Okunola. The case, presided over by Mr Justice Kerr, centred on allegations of harassment and failure to comply with court-ordered document disclosure.

Background

The defendant, Marian Atinuke Okunola, was previously employed by Titan Wealth Holdings Limited. Following the termination of her employment in November 2022, Ms Okunola engaged in actions that led to interim injunctions, preventing her from harassing the claimants and disseminating confidential information. The court had previously ordered her to deliver up relevant documents and make a truthful disclosure statement.

Contempt Proceedings

In June 2024, Chamberlain J found Ms Okunola guilty of contempt for sending abusive messages, failing to deliver up documents, and making false statements. A six-month prison sentence was imposed but suspended on the condition that she complied with specific court orders.

Activation of Suspended Sentence

The claimants argued that Ms Okunola breached the suspension conditions by continuing harassment and failing to comply with document-related obligations. The court heard evidence of further abusive emails and non-compliance with document delivery and deletion requirements.

Findings

Mr Justice Kerr found, beyond reasonable doubt, that Ms Okunola breached all three suspension conditions. The evidence showed she continued to send offensive emails and failed to deliver or delete documents as required.

Sanction

In determining the sanction, Mr Justice Kerr considered the high level of distress caused to the claimants and Ms Okunola's lack of cooperation. Despite acknowledging a past diagnosis of schizophrenia, the court concluded that the suspended sentence should be activated in full, given the deliberate defiance of court orders.

Conclusion

The court ordered Ms Okunola to serve a six-month prison sentence, half in custody and half on licence. The extended civil restraint order against her remains in effect until October 2027, with further breaches potentially leading to additional penalties.