Court rules in favour of Bianca Ojukwu in estate dispute
Story from Saleh INUWA, Kano
A Lagos High Court sitting in Ikeja has delivered judgment in the decades long litigation over the management and control of some of the assets of Ojukwu Transport Ltd (OTL), in favour of Ambassador Bianca Ojukwu, widow of the late Igbo leader, Dim Chukwuemeka Odumegwu Ojukwu, and her two children.
“The claimants are entitled to possess and control what their late father possessed and controlled in the company, OTL, when he was alive,” declared Justice A. M. Lawal.
He emphasized that “equity is fairness and fairness is equity,” adding that the court, as a court of equity, 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 Ist defendant and deriving benefits from the same.
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The lawsuit, LD/1539/2012, was filed by Bianca on behalf of her two sons, Afamefuna and Nwachukwu, who were infants at the time of their father’s death.
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 fact that the 1st 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,” observed Justice Lawal.
“The claimants are entitled to the 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,” ruled the court.
It also declared “That the threat of forceful ejection of the claimants from No.29 Oyinkan Abayomi Drive, Ikoyi, Lagos, by the defendants is illegal.”
“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,” the court ordered.
This landmark ruling has finally brought closure to the legal battle, securing Ambassador Bianca Ojukwu and her children’s rightful inheritance and ensuring the late Ojukwu’s legacy will continue to be preserved.
