The judge held that the claimants being Ojukwu’s biological children are entitled to the estate of their father.
By Jeffrey Agbo
An Ikeja High Court has ordered that Bianca Ojukwu, widow of the late Biafran leader Chukwuemeka Ojukwu, and her children are entitled to Ojukwu’s estate and entitlements as a deceased director and shareholder of Ojukwu Transport Limited (OTL).
Justice Abdulfatah Lawal gave the order while delivering judgment in a suit filed in 2012 on the management and control of some of the assets of OTL.
Bianca and her sons, Afamefuna and Nwachukwu, were the claimants in the suit marked LD/1539/2012.
The suit was filed following an alleged move by the defendants to take possession of the 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 the late Biafran warlord.
The defendants in the suit are OTL, Prof. Joseph Ojukwu, Emmanuel Ojukwu, Lotanna Ojukwu, Patrick Ojukwu, Edward Ojukwu, Lota Ojukwu and Massey Udegbe (doing business under Massey Udegbe and Company).
The claimants claimed that on August 4, 2011, while Ojukwu was sick and hospitalised in London, the fourth to seventh 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 second to seventh defendants went on to appoint a property agent, the eighth defendant, to take over, not only their father’s residence at Oyinkan Abayomi Drive but also another 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 second to eighth 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.
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The judge held that the claimants being Ojukwu’s biological children are entitled to the estate of their father, as well as his entitlements as a deceased director and shareholder of the first 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 first defendant and deriving benefits from the same.
“The court held that 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.
He, therefore, struck out the counterclaim filed by the defendants for lack of competence.
The judge stated that the fact that the first 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 second 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 Ojukwu’s children are entitled to the possession and occupation of the property known as No. 29 Oyinkan Abayomi Drive (formerly Oueens Drive), Ikoyi, Lagos, until the harmonisation of the management of the assets of the first defendant.
He also held that the threat of forceful ejection of the claimants from No.29 Oyinkan Abayomi Drive, Ikoyi, Lagos, by the defendants was illegal.