The widow of the late Igbo chieftain, Dim Chukwuemeka Odumegwu Ojukwu, and her two children have won control of the deceased’s estate as director and shareholder of Ojukwu Transport Limited (OTL) in an Ikeja High Court ruling.
Ikemba Nnewi, who died in 2011, was a director of OTL, a family business.
Justice Abdulfatah Lawal handed down his decision in a complaint brought over a decade ago over the administration and control of some of OTL’s assets.
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Bianca and her baby sons, Afamefuna and Nwachukwu, were the claimants in the LD/1539/2012 suit filed against OTL and seven others (brothers of the late Dim Ojukwu and 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 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.
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On June 24, this year, the court presided over by Justice A. M. Lawal ruled that the claimants, being biological children of the late Dim Chukwuemeka Odumegwu Ojukwu, are entitled to their father’s estate, as well as his entitlements as a deceased director and shareholder of the Ist defendant, after considering all the evidence adduced by the parties over the course of the proceedings spanning about ten years.
Justice Lawal observed that “equity is fairness, and fairness is equity,” and that as an equity court, the court would not accept the dispossessed of the claimants, who are the offspring of a founding director of the firm, while other directors hold and control 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,” he ruled.
The judge ruled that the fact that the first defendant enabled the company’s family to live on and collect income from the firm’s assets for all of these years was a decision made by the corporation by conduct.
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He noted that the second defendant, who had refused to submit the property under his control for joint management, could no longer lead the effort to evict the deceased director’s children from the property managed by their late father.
The defendants’ counterclaim was dismissed for lack of competence, and the court stated “that the claimants are entitled to 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;
“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.
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“That the 2nd-8th defendants are restrained either by themselves or through their agent or privies from interfering with the claimants’ possession and control of the 5 listed properties, being the subject matter of the suit.”
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