AFTER the Ojukwu family withdrew its lawsuit against Bianca Ojukwu, widow of the later Colonel Chukwuemeka Ojukwu, the Lagos High Court at Igbosere dismissed the suit on Monday.
Justice Adedayo Oyebanji struck out the suit sequel to a notice of discontinuance dated Feb. 5 and filed by the Ojukwu family.
The family, through Ojukwu Transport Ltd., had filed the suit against Bianca demanding N100 million as compensation to one Dr Ike Ojukwu and N40 million expected rentable value per year on the said property.
According to Ike, a director of the company, Bianca, who is currently the Nigerian Ambassador to Spain, had been occupying the property since Sept. 27, 2012.
The family, through its lawyer, Ikechukwu Ubahakwe, however, informed the judge of their intention to discontinue the matter.
No reason was, however, given for the action.
At the proceedings, counsel to Bianca, Mr Nick Omeha, did not object to the application.
The court, therefore, granted the family’s application to discontinue the suit, number LD/1680/12.
Justice Oyebanji said: “Pursuant to the notice of discontinuance dated Feb. 5, this suit is hereby struck out.”
The judge equally granted the family’s request to strike out two other separate suits with Nos LD/1682/12 and LD/1681/12, filed against unknown persons occupying two other properties belonging to the firm.
In its statement of claim, the company had alleged that its property at 29, Oyinkan Abayomi Drive (formerly Queens Drive), Ikoyi, Lagos, was being illegally “detained” by Bianca.
The company said the property comprised of two detached storey buildings.
It had informed the court that by power of attorney dated May 4, 2012, it appointed one Massey Udegbe of Massey Udegbe & Co as its agent to manage the property in dispute.
According to it, the property was earlier occupied by one of its directors, late Chukwuemeka Odumegwu-Ojukwu, who had before his demise, relocated to Enugu State over 10 years ago.
The claimants stated that the said property was left in a dilapidated and unsafe condition, before it was handed over to Massey Udegbe & Co.
The claimant said that by a letter dated July 19, 2012 marked MUC/MAN.OTL/222, the managing agent informed Bianca of his appointment and requested her to hand over physical possession of the property, which she allegedly refused.
The transport firm had argued that it published public notices in some newspapers to ensure that the general public was intimated of its appointment of Massey Udegbe & Co as the managing agent.
Meanwhile, Justice Oyebanji had on March 18, ordered that the Originating Motion filed by one Debe Ojukwu, who claimed to be the first son of the late Odumegwu-Ojukwu, be published for the attention of Bianca.
Mr Jeff Kadiri, counsel to the self-acclaimed first son, had informed the court of an Order made by it, which directed that a substituted service be made on Bianca.
The claimant’s lawyer also informed the court of a pending application for an Interlocutory Injunction filed by his client.
Justice Oyebanji, however, expressed dissatisfaction over the claimant lawyer’s position that substituted service had been executed on Bianca.
Lawyer to the 1st-4th, 7th and 8th defendants, Ikechukwu Ubahakwe, also told the court that his clients have an application for time extension, to enable them file their counter affidavit to the said application for Interlocutory Injunction.
The claimant had joined Ojukwu Transport Ltd,, Prof. Joseph Ojukwu, Mr Emmanuel Ojukwu, Mrs Lotanna Ojukwu and Bianca as respondents in the suit.
Others included in the suit are: Mr Emeka Ojukwu, Mr Patricia Ojukwu and Mrs Margret Nwagbo (Nee Ojukwu).
Debe Ojukwu, alongside his company, Silver Convention Nigeria Ltd had approached the court through an Originating Motion dated Oct. 5, 2012.
The Originating Motion was for a declaration that he was entitled, as the first son, to collect the deceased’s military paraphernalia from the Federal Government of Nigeria, having been accorded full military honours during his burial.
Debe also sought the court’s declaration that as the Igbo law of succession, custom and tradition demands, he was also entitled to perform the dust-to-dust burial rites in his honour.
The suit is also seeking a declaration that the claimant, as the first and eldest son of the deceased is, under the Nigerian law, entitled to manage or lead in control of all the disposable assets and belongings owned and possessed by Ojukwu Transport Ltd and the deceased.
The matter was adjourned till May 22, for mention