
THE Lagos High Court has fixed for case management Conference suit filed by Bianca Odumegwu Ojukwu, the widow of the late Ikemba Nnewi, Chukwuemeka Odimegwu Ojukwu against Ojukwu Transport Limited (OTL) and seven others.
Trial judge, Justice Opeyemi Oke has fixed the mater for case conference April 23 for possible settlement, having established that parties in the suit have filed and served their pleadings.
The Case Management Conference will give the trial judge opportunity to determine if everyone has filed their papers on time and if the parties involved have also tried to settle the case.
Also, it is at the conference that the trial judge would try to help parties choose a good process for arriving at a settlement. The suit was originally filed before the Chief Judge of Lagos State, Justice Funmilayo Atilade before it was reassigned to Justice Oke for adjudication. The suit was filed by Bianca on behalf of his two sons.
She is suing for the two under-aged children, Afamefuna and Nwachukwu (claimants).
She wants the court to declare that her children are entitled to the possession and occupation of the property known and situated at 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 No 29 Oyinkan Abayomi Street by the defendants is illegal.
And they urged the court to declare that they are entitled to possess the following properties, 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 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 Chukwuemeka Odimegwu Ojukwu and one Professor 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 properties.’ Besides, they stated that for over twelve years prior to the death of late Dim Chukwuemeka Ojukwu, they had moved to Enugu State and since then had not lived at any of the company’s properties as alleged by the claimant.
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