Thursday 24 October 2013

"Prove you married Ojukwu legally" -Ojukwu's family tells Bianca



From This DayLive...

Some members of the late Ikemba of Nnewi, Chukwuemeka Odimegwu Ojukwu’s family have asked his widow and Nigeria’s Ambassador to Spain, Mrs. Bianca Ojukwu, to show proof that she was legally married to Ojukwu.

In a 19-paragraph statement of defence filed by Ojukwu Transport Limited and seven others before Justice Funmilayo Atilade of the Lagos High Court, the family equally demanded proof from Bianca that her two sons, Afamefuna and Nwachukwu, were biological sons of Ojukwu.

The other defendants are Prof. Joseph Ojukwu, Mr. Emmanuel Ojukwu, Lotanna Putalora Ojukwu, Dr. Patrick Ojukwu, Mr. Edward Ojukwu, Lota Akajiora Ojukwu and Mrs Massey Udegbe (doing business under Massey Udegbe & Company).

Bianca had in suit No- LD/1539/2012 filed on behalf of her two under-aged children, Afamefuna and Nwachukwu (claimants), wanted  the court to declare that her children are entitled to the possession and occupation of the property known as No. 29, Oyinkan Abayomi Street, Ikoyi, Lagos, until the harmonisation of the management and administration of the assets of the first defendant (OTL).


At the resumed hearing of the suit Wednesrday, counsel to Bianca and her children was not in court, which necessitated Justice Atilade to adjourn the suit till December 10, for adoption of written addresses on a Motion on Notice seeking to restrain the defendants from the property in dispute.

Bianca’s children had through their lawyer, Chris Ezugwu, prayed the court to declare as illegal the threat of forceful ejection from No. 29, Oyinkan Abayomi Street, Ikoyi, Lagos by the defendants.

In addition, 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 and No. 30 McPherson Avenue, Ikoyi.

Bianca’s children stated that throughout the period their father was struggling to retrieve the properties from the government, the second to seventh defendants “never played any role in the struggle nor contributed financially or otherwise to the realisation of the struggle.”

Besides, 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 to 7th defendants through their lawyer, George Uwechue (SAN), 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 Ojukwu and one Prof. Joseph Ojukwu (2nd defendant) were later appointed as directors in 1953.

They stated that late 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 Ojukwu moved to Enugu State and since then had not lived at any of the company’s properties as alleged by the claimant.

They averred that “The property belongs to the first defendant (the company). The fact is that the claimants’ mother, being greedy, felt she could hold onto the first defendant’s properties. For over 12 years prior to his death, the late Dim Chukwuemeka Odumegwu Ojukwu moved to Enugu and since then had not lived at the first defendant’s property as alleged by the claimants.

They challenged Bianca’s children to show proof of any such agreement which their late father had from the first defendant for him to control and/or manage the properties of the first defendant.”

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