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 are biological sons of Odimegwu- Ojukwu.
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).
Bianca had in suit No: LD/1539/2012 filed on behalf of her two under-aged children, Afamefuna and Nwachukwu (claimants), wants 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 yesterday, 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 29, Oyinkan Abayomi Street, by the defendants.
In addition, they urged the court to declare that they 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; No. 30, McPherson Avenue, Ikoyi.
Bianca’s children said throughout the period their father was struggling to retrieve the properties from the government, the second to the 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’possesion and control of the properties.
But, in their statement of defence, the 1st to the 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 Chukwuemeka Odimegwu-Ojukwu and one Prof. Joseph Ojukwu (2nd defendant) were later appointed as directors in 1953.
They stated that late Chukwuemeka Odimegwu- 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.”