Two children of the late Ikemba Nnewi, Dim Chukwuemeka Odumegwu-Ojukwu– Afamefuna and Nwachukwu– have sued a company, Ojukwu Transport Limited, and seven others over some property located in Ikoyi and Yaba, Lagos Mainland.
The claimants, who are infants, are suing through their mother and “next friend” Ambassador Bianca Odumegwu-Ojukwu.
The suit is before the Head Judge, Justice Funmilayo Atilade, of the Lagos State High Court, Igbosere.
The other defendants are Prof Joseph Ojukwu, Engr Emmanuel Ojukwu, Lotanna Putalora Ojukwu, Dr Patrick Ojukwu, Arc Edward Ojukwu, Lota Akajiora Ojukwu and Mrs Massey Udegbe (doing business under Massey Udegbe & Company).
The claimants sought a declaration that they are entitled to the possession and occupation of a property located on 29 Oyinkan Abayomi Drive (formerly Queens Drive), Ikoyi until the harmonisation of the management and administration of the first defendant’s assets.
They also asked the court to declare that the threat to forcefully eject them from 29, Oyikan Abayomi Street, Ikoyi, by the defendants is illegal.
The children urged the court to hold that they are entitled to the possession of the properties on 13, Hawksworth Road, Ikoyi (now 13, Ojora Road, Ikoyi), 32A Commercial Avenue, Yaba, 30, Gerard Road, Ikoyi, and 4, Macpherson Avenue, Ikoyi.
They claimed that the houses were in the possession of their father from the time the properties were released from government acquisition till date.
The claimants prayed for an order restraining the defendants either by themselves or through their agents or privies from interfering with their possession and control of 29, Oyinkan Abayomi Street, Ikoyi.
They also urged the court to stop the defendants from interfering with their possession of the other properties.
The claimants 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.”
They said while Ojukwu was alive, he lived with his household at 29, Oyikan Abayomi Drive and was in “exclusive possession” of the other houses which form the subject of the suit.
But the defendants denied the claims, saying the children are neither directors nor creditors of Ojukwu Transport and therefore have no locus (legal right) to question the company’s activities.
The defendants said at no point did they attempt to forcibly take possession of 29, Oyikan Abayomi Drive, Ikoyi.
“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.
“The property became dilapidated and in a state of disrepair.
“The first defendant challenges the claimants 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.”
When the case came up yesterday, counsel to the claimants, Nick Omeye, said the first to seventh defendants had served him with their statements of defence.
The eight defendant’s lawyer, he added, served him with a memorandum of appearance yesterday morning.
The eighth defendant’s lawyer, Ifeanyi Okumah, asked for a little time to file the statement of defence.
The court granted him 14 days to do so.
Counsel to first to seventh defendants George Uwechue (SAN) informed the court that he had filed a counter-affidavit and an affidavit of compliance in response to the claimants’ processes.
Justice Atilade, who granted a prayer for extension of time, adjourned till March 19.
