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An Ikeja High Court has held that the wife and children of the late Dim Chukwuemeka Odumegwu Ojukwu are entitled to the estate of their father and his entitlements as a deceased director and shareholder of Ojukwu Transport Limited (OTL).
Justice Abdulfatah Lawal made the order while delivering judgment in a suit filed before the court over the management and control of some of the assets of OTL, in favour of Ambassador Bianca Ojukwu, widow of the late Ojukwu, and her two children.
The judge gave the order after hearing and taking evidence from parties in the suit which hearing spanned about 10 years.
Bianca and her sons, Afamefuna and Nwachukwu were the claimants in the suit marked LD/1539/2012.
The late Ikemba Nnewi was a director of OTL, a family company, before he died in 2011.
His two sons were infants at the time of his death.
The suit was filed following an 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 claimed that on 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.
They claimed 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.
Justice Lawal while delivering judgment on June 24, restrained the 2nd-8th defendants either by themselves or through their agent or privies from interfering with the claimants’ possession and control of the five listed properties, being the subject matter of the suit.
The judge held that the claimants being biological children of the late Dim Chukwuemeka Odumegwu Ojukwu are entitled to the estate of their father, as well as his entitlements as a deceased director and shareholder of the Ist defendant
Justice Lawal stated that “equity is fairness and fairness is equity,” adding that as a court of equity, the court would not allow the dispossession of the 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.
“The court held that the claimants are entitled to possess and control of what their late father possessed and controlled in the company, OTL, when he was alive,” he ruled.
He therefore struck out the counterclaim filed by the defendants for lack of competence.
The judge stated that the fact that the 1st defendant allowed the family of the company to live on, and derive income from the assets of the company all these years was a decision of the company by conduct.
He noted that the 2nd defendant who had refused to surrender the property under his control for joint management cannot now lead the battle of having the deceased director’s children hounded out of possession of the property that was managed by their late father.
Justice Lawal therefore held 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 Ist defendant.
He also held that the threat of forceful ejection of the claimants from No.29 Oyinkan Abayomi Drive, Ikoyi, Lagos, by the defendants is illegal.
“That the claimants are also entitled to the possession of the properties known as No 13 Hawkesworth Rd, Ikoyi (now known as No 13 Ojora Rd, Ikoyi); No. 32A Commercial Avenue, Yaba, Lagos; No. 30 Gerard Rd, Ikoyi, Lagos and No. 4 Macpherson Ave, Ikoyi, Lagos, which were some of the properties that were under the possession of the late father of the claimants from the time the properties were released from government acquisition.
Peoplesmind
