Bianca stalls suit on Ojukwu’s property
Further hearing in a suit filed by Bianca Ojukwu, widow of the late Ikemba of Nnewi, Chukwuemeka Odimegwu Ojukwu, against Ojukwu Transport Limited (OTL) and seven others was stalled yesterday. At the resumed hearing of the suit yesterday before a Lagos High Court, Bianca’s lawyer, Nick Omeje, prayed the court for an adjournment to enable him amend the claimant’s originating summons.
Consequently, Justice Abdulfattah Lawal adjourned the matter till February 29 for the hearing of the motion and April 26 and 27 for continuation of trial. It will be recalled that on Monday she told the court she was the sole legally married wife of her late husband having done court, church and traditional marriage, unlike the other wives that only did traditional marriages. Bianca, suing for her two underaged 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, OTL. 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 properties, No 13 Hawksworth Road, Ikoyi percent(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 Ojukwu, father of the claimants, from when the properties were released from government acquisition till date. 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 properties. 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 Odimegwu Ojukwu and one Professor Joseph Ojukwu (2nd defendant) were later appointed as directors in 1953.
They stated that late 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 she could hold unto the company’s properties.’’ Besides, they stated that for over 12 years prior to his death, Dim Ojukwu moved to Enugu State and since then had not lived at any of the company’s properties as alleged by the claimant.
