A Lagos High Court in Ikeja has ruled in favour of Ambassador Bianca Ojukwu, wife of the late Dim Chukwuemeka Odumegwu Ojukwu, and her two children in the protracted legal dispute over the administration and control of certain assets of Ojukwu Transport Ltd.
Ojukwu, the Ikemba Nnewi, who passed away in 2011, was a director of the family business OTL.
The suit, LD/1539/2012, filed by Bianca on behalf of the claimants, her two sons, Afamefuna and Nwachukwu, who were infants at the time, against OTL and seven others (brothers of the late Dim Ojukwu, their sons and property agent) before the court, was over alleged move by the defendants to take possession of claimants residence at No. 29 Oyinkan Abayomi Drive, Ikoyi, Lagos, as well as some of the company’s property in Lagos, which were under the management and control of their late Biafran warlord.
The defendants in the suit filed in 2012 are OTL, Prof Joseph Ojukwu, Engr. Emmanuel Ojukwu, Lotanna Putalora Ojukwu, Dr. Patrick Ike Ojukwu, Arch. Edward Ojukwu, Lota Akajiora Ojukwu and Messrs. Massey Udegbe (doing business under Massey Udegbe & Company).
The claimants stated that at about August 4, 2011, while their father was sick and hospitalized in London, the 4th-7th defendants attempted to forcibly take possession of their home at No. 29 Oyinkan Abayomi Drive (formerly Oueens Drive), Ikoyi, Lagos, claiming that after the death of their father and soon after his burial, the 2nd-7th defendants went on to appoint a property agent, the 8th defendant, to take over, not only their father’s residence at Oyinkan Abayomi Drive but also other property under the possession, management and control of their father, namely No. 13 Hawksworth Rd (now known as 13 Ojora Rd) Ikoyi; No. 32A Commercial Ave, Yaba, Lagos; No. 30 Gerard Rd, Ikoyi, Lagos and No.4 Macpherson Avenue, Ikoyi, Lagos.
In rendering its decision on June 24 of this year, the court presided over by Justice A. M. Lawal determined that the claimants, as the deceased Dim Ojukwu’s biological children, are entitled to his estate as well as his rights as a deceased director and shareholder of the Ist defendant by virtue of their status as his biological children.
According to Justice Lawal, “equity is fairness and fairness is equity,” and as a court of equity, the court would not permit the dispossession of the claimants, who are minor children of a foundation director of the company, while other directors are in possession of other assets of the Ist defendant and benefiting from them.
“Therefore, the claimants are entitled to possess and control what their late father possessed and controlled in the company, OTL, when he was alive,” he ruled.
