In a 19-paragraph statement of defence filed before a Lagos High Court, Igbosere, the Ojukwu Transport Limited and seven family members challenged Bianca to prove her claims in the suit which she instituted on behalf of her two underage sons.
The two sons – Afamefuna and Nwachukwu – are the claimants on record in the suit numbered, LD/1539/2012.
The Ojukwu Transport Limited, which is the property in dispute in the suit, is the first defendant. Other defendants, apart from OTL, are Prof. Joseph Ojukwu, Emmanuel Ojukwu, Lotanna Ojukwu, Dr. Patrick Ojukwu, Mr. Edward Ojukwu, Lota Ojukwu and Mrs. Massey Udegbe.
The relatives stated that, contrary to the allegation of the claimants, for over 12 years prior to the death of the deceased, the late Ojukwu had moved to Enugu State and had not lived at any of the property since then.
Their statement of defence read, “The property belongs to the first defendant (Ojukwu Transport Company). The fact is that the claimants’ mother, being greedy, felt she could hold onto the first defendant’s property.
“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 agreement which their late father had from the first defendant (OTL) for him to control and/or manage the property of the first defendant.”
Bianca, who is Nigeria’s Ambassador to Spain, had instituted the suit on behalf of Afamefuna and Nwachukwu urging the court to declare that the two underage children were entitled to some assets belonging to the Ojukwu Transport Limited.
She wanted the court to declare that her children were entitled to occupy and take possession of the company’s property at 29, Oyinkan Abayomi Street, Ikoyi, Lagos “until the harmonisation of the management and administration of the assets of the first defendant (OTL)”.
In addition, they urged the court to declare that they were entitled to possess their father’s property at 13 Hawksworth Road, Ikoyi (now known as 13, Ojora Road); 32A, Commercial Avenue, Yaba, Lagos; 30, Gerard Road, Ikoyi, Lagos; and 30, McPherson Avenue, Ikoyi.
But, in their statement of defence, the seven defendants, through their lawyer, George Uwechue (SAN), stated that the claimants’ statement of claim contained “tissues of lies and distorted facts.”
At the resumed hearing of the suit on Wednesday, counsel for Bianca and her children was not in court. The development necessitated Justice Funmilayo Atilade to adjourn the suit till December 10.
The judge had adjourned the matter for adoption of written addresses on an application filed by the claimants 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 29, Oyinkan Abayomi Street by the defendants.
Source: Punch
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