Justice Adedayo Oyebanji of a Lagos High Court yesterday struck out three separate suits filed by Ojukwu Transport Limited against Bianca Odumegwu Ojukwu, the widow of the late Biafran warlord, Chief Emeka Odumegwu- Ojukwu and two unknown persons.
Specifically, Bianca was sued in respect of a two-storey detached house located at No 29 Queens Drive, Ikoyi Lagos. Oyebanji struck out the suits following a Notice of Discontinuance dated February 5 filed by the claimant’s lawyer, Ike Ubahakwa.
The court also struck out two other suits (LD/1681/12 and LD/1682/12) filed against unknown persons occupying two separate properties of the firm, following two separate Notices of Discontinuance filed by the claimant. Oyebanji ruled that “pursuant to the notice of discontinuance dated February 5, 2013, this suit is hereby struck court.”
However, counsel to Bianca, Nick Omeye, prayed the court to award N100,000 as cost against the claimant, arguing that Bianca, being a public figure, had been derided in most national newspapers when the suit was filed.
He said: “Considering the status of the defendant (Bianca), I ask for N100,000 ask cost against the claimant. The respondent got to know of the suit while in Spain as an ambassador to the country.
Most national newspapers carried the story when the suit was filed.’’ But in her ruling, Oyebanji awarded N5,000 cost against Ojukwu Transport Limited but declined to award cost in the sister suits since the defendants are unknown persons.
Ojukwu Transport Limited had in suit LD/1680/2012 demanded payment of N40 million being expected rentable value per annum of the said premises from September 27 until the defendant (Bianca) gives up possession of the property.
The claimant, represented by one of its directors, Dr. Ike Ojukwu, is also asking for N100 million as damages from the widow of the late Biafran warlord. The claimant, in its statement of claim, said by a letter of attorney dated May 4, 2012, it appointed Mr. Massey Udagbe of Massey Udegbe & Co as its agent to manage the property in dispute.
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