Ojukwu’s estate: Court rules in favour of Bianca
A Lagos High Court, Ikeja, has delivered judgement in favour of Bianca Ojukwu, the widow of the late Igbo leader and Ikemba Nnewi, Dim Chukwuemeka Odumegwu Ojukwu and her children in the case involving the management and control of some of the assets of Ojukwu Transport Limited (OTL), the family company of which her husband was a director before his death.
The suit was filed by Bianca in 2012, on behalf of the claimants being 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.
She sued over their alleged move to take possession of their 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 father, Dim Ojukwu.
The defendants in the suit were: 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, and 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 properties 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.
The trial judge, A. M Lawal in his judgment, delivered on June 24, 2023, but obtained by The Guardian yesterday held that the claimants, being biological children of the late Dim Ojukwu, are entitled to the estate of their father as well as his entitlements as a deceased director and shareholder of the Ist defendant.
The judge further stated that equity is fairness and fairness is equity, and that as a court of equity, it would not allow the dispossession of claimants who are children of a foundation director of the company, while other directors are in hold and control of other property of the Ist defendant and deriving benefits from the same.
Therefore, the claimants are entitled to possess and control what their late father possessed and controlled in the company (OTL) when he was alive. The court noted that the fact that the 1st defendant allowed the family company to live on, and derive incomes from its assets all these years is a decision of the company by conduct.
Furthermore, that the 2nd defendant who had refused to surrender the properties under his control for joint management cannot now lead the battle of having the deceased director’s children hounded out of possession of the properties that were managed by their late father.
The learned judge pronounced that “this very act is enough to make the dead Chukwuemeka Ojukwu shiver in his grave”. The counter claim filed by the defendants were struck out for lack of competence and the court declared that the claimants are entitled to the possession and occupation of the property known as No. 29 Oyinkan Abayomi Drive (formerly Oueens Drive), Ikoyi, Lagos, until the harmonization of the management of the assets of the 1st defendant. The court held that the threat of forceful ejection of the claimants from No.29 Oyinkan Abayomi Drive, Ikoyi, Lagos, by the defendants is illegal.
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