Tag: Ojukwu Transport Limited

  • I’m Ojukwu’s only legal wife, Bianca tells court

    I’m Ojukwu’s only legal wife, Bianca tells court

    The widow of the late Ikemba of Nnewi, Chukwuemeka Odimegwu Ojukwu, Bianca Ojukwu Monday told a Lagos State High Court sitting in Igbosere that she is the only woman that was legally married to him.

    Mrs. Ojukwu said this during her Evidence-in-Chief before Justice Abdulfattah Lawal‎, in the ongoing legal battle between her children and the deceased’s brothers over the family estate

    She admitted that Ojukwu has eight children who include the claimants, Afamefuna and Nwachukwu, but that being the only one that was wedded by her late husband in court, church and according to traditional marriage rites, she is the only one that was legally married to him.

    The former beauty queen admitted that neither she nor her children are shareholders or directors in Ojukwu Transport Limited (OTL), one of the properties in the family estate.

    Under Cross Examination Bianca told the court that the suit filed before the court is for the preservation of the rights of her children alone and not that of Ojukwu’s other children.

    The witness further informed the court that some of the OTL property in question had been in the possession of her husband before his demise, adding that the rent of those properties were collected by him.

    Mrs. Ojukwu had on behalf of her two under-aged children, Afamefuna and Nwachukwu (claimants) dragged Ojukwu Transport Limited (OTL) and seven others before the High Court over an alleged move by the family to eject her sons from the company’s property located in Lagos.

    She had asked the court to declare that her children are entitled to the possession and occupation of one 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).

    The defendants in the suit 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).‎‎

    In their statement of claim, Bianca, and her two children prayed the court to declare that the threat of forceful ejection from 29 Oyinkan Abayomi Street by the defendants is illegal.

    She is also asking the court for a declaration that her children are entitled to possess the following property, 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.

    According to her, the properties were in the possession of the Chukwuemeka Odimegwu Ojukwu – the father of the claimants – from the time the properties were released from government acquisition till date.

    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.”

    However, Justice Lawal adjourned the matter till today, for continuation of Cross Examination of Bianca.

  • Ojukwu: Court grants substitute service on Bianca

    A Lagos High Court, Igbosere, on Monday granted a request allowing Ojukwu Transport Limited (OTL) to serve a writ of summons and other processes on the widow of late Chukwuemeka Odumegwu Ojukwu, Bianca, by pasting the notice at the gate of 29, Oyinkan Abayomi Drive, Ikoyi, Lagos.

    Justice Deborah Oluwayemi granted the claimant’s request, after she allowed OTL’s application for extension of expiration for the writ of summons dated May 13, 2013.

    OTL had through a motion exparte brought by its lawyer, Ike Ubahakwe, prayed the court for extension of the writ of summons and for substituted service on Bianca .

    The firm, which had dragged the Ojukwu family to court over ownership of Ojukwu Estate, claimed that it has faced difficulty in serving Bianca as a result of her current assignment as Nigeria’s Ambassador to. Spain.

    According to Ubahakwe, the matter was previously before Justice Alogba but was transferred to Justice Oluwayemi during the 2013/2014 legal year posting of judges.

  • Ojukwu’s family to Bianca: Bring proof of marriage to late warlord

    Ojukwu’s family to Bianca: Bring proof of marriage to late warlord

    As the tussle over ownership of late Chief Odimegwu Ojukwu’s transport company and his estate rages, some members of the late warlord’s family have asked his wife – Mrs. Bianca Ojukwu, Nigeria’s Ambassador to Spain, to provide evidence of legal marriage to him.

    The Ojukwu brothers along with Ojukwu Transport Limited, in a 19 paragraph statement of defence filed before Justice Funmilayo Atilade of a Lagos High Court, also demanded proof that Bianca’s two sons, Afamefuna and Nwachukwu are biological children of the late warlord.

    Bianca had on behalf of her sons, dragged Prof. Joseph Ojukwu; Emmanuel Ojukwu; Lotanna Putalora Ojukwu; Dr. Patrick Ojukwu; Edward Ojukwu; Lota Akajiora Ojukwu and Mrs. Massey Udegbe before the court, seeking a declaration that her children are entitled to the possession and occupation of 29, Oyinkan Abayomi Street, Ikoyi until the harmonisation of the management and administration of the assets of OTL.

    Bianca had through her lawyer, Chris Ezugwu, prayed the court to declare as illegal the threat of forceful ejection of her sons from the property in dispute by the defendants.

    She had urged the court to declare that they are entitled to possess 13, Hawksworth Road, Ikoyi (now 13 Ojora Road); 32A Commercial Avenue, Yaba, Lagos; 30 Gerard Road, Ikoyi, and 30 McPherson Avenue, Ikoyi.

    Bianca had stated that the defendants played no role all through the period her sons’ father (Ojukwu) struggled to retrieve the above properties from the state government.

    Hence, the claimants want an order of court restraining the defendants, their agents or privies from interfering with their possession and control of the properties.

    But the defendants through their lawyer, George Uwechue (SAN) averred that the subscribers of the Memorandum of Association of OTL (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 the late Ojukwu 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 third and fourth defendants were appointed directors in 1954 and 2005 respectively.

     

     

     

  • Ojukwu: Bianca to get court processes in Spain

    Ojukwu: Bianca to get court processes in Spain

    Justice Adebayo Oyebanji of a Lagos High Court, Igbosere, on Wednesday ordered that Ambassador Bianca Ojukwu, wife of the late Chief Chukwuemeka Odumegwu Ojukwu, be served originating processes through the Nigerian Embassy in Spain.

    She gave the order in a suit filed by a lawyer, one Chief Debe Odumegwu-Ojukwu, which is one of several others pending before different judges over the inheritance of Ojukwu’s properties.

    Joint with Bianca in this suit are Ojukwu Transport Limited, (OTL); Prof. Joseph Ojukwu; Emmanuel Ojukwu; Lotanna Ojukwu; Emeka Odumegwu-Ojukwu; Patricia Ojuwku and Mrs. Margaret Nwagbo (Nee Ojukwu).

    Oyebanji had at the last adjourned date, ordered that Bianca be served through a national newspaper publication, since the claimant could not serve her in person as a result of her current assignment as Nigeria’s ambassador to Spain.

    At the resumed hearing on Wednesday, the claimant told the court that the cost of placing an advertisement on a national newspaper was high and will affect his already weakened finances.

    Debe, who appeared in person and on behalf of the second claimant, Silver Convention Nigeria Limited, said he has filed an exparte motion dated March 27, for a varying order in respect of full and effective service on Bianca.

    He urged the court to grant him an enabling order to serve Bianca either through the Foreign Affairs Ministry or by courier to the country’s embassy in Spain.

  • Ojukwu Transport Limited: May 27 fixed for hearing on application

    A Lagos high Court, Igbosere, has fixed May 27, for hearing on an originating summons brought by an oil firm, West Africa Offshore Limited, against Ojukwu Transport Limited (OTL) and two others.

    The oil firm had dragged OTL before Justice Sybil Nwaka, over alleged N24 million rentage fee.

    As part of its prayers before the court, the firm had urged the court to make an order directing the firm on who to remit its rent to. In its originating summons dated October 5, 2012, and brought pursuant to Order 43, Rules 1,2 and 10 of the High Court of Lagos (Civil Procedure) Rules, 2004, as well as Section 6(2) of the Constitution of the Federal Republic of Nigeria, 1999, and signed by one Hakeem Babatunde Salami, the oil firm prayed the court for an Order directing the payment of the sum, which according to it, represents two years rent from March 16, 2012 to March 15, 2014, in respect of the property located at  30, Gerald Road, Ikoyi.

    The firm also urged the court to direct that the said amount be lodged into an interest yielding account in the name of the Chief Registrar (CR) of the High Court of Lagos State for the collection of either of the respondents or as may be directed by the cour, since there are rival instructions as to tittle and who is authorised to collect the money, subject matter of the application.

    The applicant in an affidavit in support of the summons deposed to by its Finance Manager, Frank Iwelu, informed the court that in January 2007, it took a five year tenancy of the property known as 30, Gerrald Road, Ikoyi, Lagos, at the rate of N8, 000, 000. 00 (Eight Million Naira) per annum from the third respondent (OTL), with the first respondent, Emmanuel Omuojine, as OTL’s agent.

    The oil firm said the sum of N40 million only was paid to Omuojine in respect of the property as the agent of OTL, the owner, adding that the said tenancy took effect from March 16, 2007.

    “Prior to the expiration of the five years tenancy, the rent payable in respect of the property was revised and the sum of N12 million only per annum for a period of three years with two years rent payable in advance and the balance subsequently was agreed.

    “That the Applicant’s intention was to pay the agreed rent directly into the first respondent’s account when the tenancy agreement was between the Applicant and the third respondent.

    “It therefore necessitated its solicitors to cause a letter dated March 19, 2012 to the first respondent requesting the provision of evidence of its authority to have the rent paid directly in its name.

    “It was at this point that the Applicant discovered the first respondent was laying claims to the rent payable in respect of the premises probably as a result of dispute between him and OTL, which the Applicant did not understand.

    “While discussion on how to pay the agreed rent was pending, the second respondent surfaced through its letter dated July 10, 2012 with reference number MUC/MAN.OTL/215 informing the applicant that he is the manager of the property, by virtue of a power of attorney dated May 4, 2012 purportedly donated to him by OTL.

    “By a letter dated July 25, 2012, a copy of which was received by the OTL, the applicant’s solicitors informed the second respondent of the existence of a relationship with the first respndent as the agent of the third respondent in respect of the property and that the Applicant will chart a middle course until the issue of representation is resolved.”

    The court was further informed that the first respondent had written a letter to the oil firm on August 1, 2012, with a purported copy of OTL’s letter advising the tenant occupying the said property that the first respondent remained the owner’s agent.

    In a counter affidavit to the originating summons deposed to by one Lotanna Ojukwu, a director in OTL said the transport company has commenced the process of recovering possession of its property from the claimant as well as money for unlawful occupation.

    At the resumed hearing yesterday, Counsel to the oil firm, O.C Smith, reminded the court that there was an Order of substituted service on Massey Udegbe, the second defendant adding that the said service had been effected on him, just as she prayed for a further date for hearing of the application.

    However, counsel to the respondents, George Uwechue (SAN), told the court that the matter was a simple one, which ought not to have any disagreement.

    Nwaka thus adjourned the matter till May 27, for hearing of application.