A Lagos High Court judge, Justice Funmilayo Atilade, yesterday refused a request made by Bianca Odumegwu- Ojukwu, the widow of the late Ikemba of Nnewi, Chukwuemeka Odimegwu- Ojukwu, asking the court to award cost against one of the defendants, Mrs. Massey Udegbe (doing business under the name of Massey & Company.)
Bianca had in the suit, filed on behalf of her two under-aged children, Afamefuna and Nwachukwu (claimants), wants the court to declare that her children are entitled to the possession and occupation of the property known as No 29, Oyinkan Abayomi Street, Ikoyi Lagos, until the harmonisation of the management and administration of the assets of the first defendant.
The other defendants are Prof. Joseph Ojukwu, Engr. Emmanuel Ojukwu, Lotanna Putalora Ojukwu, Dr Patrick Ojukwu, Arc. Edward Ojukwu, Lota Akajiora Ojukwu and Mrs. Massey Udegbe (doing business under Massey Udegbe & Company). At the last hearing of the suit, Justice Atilade had ordered Mrs. Massey Udegbe (8th defendant) to file her defence against the allegations contained in the claimants originating process.
However, at the resumed hearing of the suit yesterday, Nick Omeye counsel to Bianca and her children informed the court that the 8th defendant had not complied with the order of the court to file a defence and urged the court to award cost in her favour. But, counsel to the 1st -7th defendants, Ikechukwu Ubahakwe, informed the court that he has been served with statement of defence filed by the 8th defendant.
Although, the court was yet to receive its copy, Justice Atilade refused to award cost against the 8th defendant and adjourned the suit till May 20, for mention. Bianca had on behalf of her two children, sued Ojukwu Transport Limited, OTL, and seven others. In their statement of claim, the claimants want the court to declare that the threat of forceful ejection from 29, Oyinkan Abayomi Street, by the defendants is illegal.
In addition, they urged the court to declare that they are entitled to possess the following property, namely: No 13, Hawksworth Road, Ikoyi (now known as No. 13 Ojora Road); No 32A, Commercial Avenue, Yaba, Lagos; No 30, Gerard Road, Ikoyi, Lagos; No. 30, McPherson Avenue, Ikoyi.
All the above properties were alleged to be under the possession of late Chukwuemeka Odimegwu-Ojukwu, the father of the claimants from the time the property were released from government acquisition till date.
The claimants stated that throughout the period their father was struggling to retrieve the property from the government, the second to the seventh defendants “never played any role in the struggle nor contributed financially or otherwise to the realisation of the struggle.”
Besides, the claimant is asking for an order of court restraining the defendants, their agents or privies from interfering with the claimants’ possession and control of the property.
But, in their statement of defence, the 1st -7th defendants averred that the subscribers of the Memorandum of Association of Ojukwu Transport Limited (1st defendant) at incorporation in 1952 were L. P. Ojukwu and Betram Chukwuemeka Obi, adding that the late Chukwuemeka Odimegwu- Ojukwu and one Prof. Joseph Ojukwu (2nd defendant) were later appointed as directors in 1953.
They stated that late Chukwuemeka Odimegwu- Ojukwu, thereafter ceased to be a director of the company prior to the Nigerian civil war and was reappointed as a director on December 16, 2005 while the 3rd and 4th defendants were appointed directors in 1954 and 2005 respectively.
They added that the claimants’ statement of claim contained tissues of lies and distorted facts alleging that Bianca who instituted the suit, being greedy felt that she could hold unto the company’s property.
Besides, they said that for over 12 years prior to the death of late Dim Chukwuemeka Odimegwu-Ojukwu, he had moved to Enugu State and since then had not lived at any of the company’s property as alleged by the claimant.
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