The failure to serve court processes to one of the defendants halted hearing in the suit filed by Bianca Odumegwu Ojukwu, widow of the late Ikemba of Nnewi, Chukwuemeka Odimegwu Ojukwu against Ojukwu Transport Limited (OTL) and seven others. The suit is before Justice Funmilayo Atilade of a Lagos High Court sitting in Igbosere.
Bianca, who filed the suit on behalf of her two underage children, Afamefuna and Nwachukwu (claimants), wants the court to declare that her children are entitled to 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.
But at the resumed hearing of the suit yesterday, counsel to the 8th defendant (Massey Udegbe), Ifeanyi Okunah informed the court that his client had not been served with the court processes.
He told the court that while he was ready to accept service in court, he would need a minimum of two weeks to file a defence to the suit instituted by Bianca on behalf of her children.
The 1st -7th defendants, through their counsel, Chief George Uwechue, SAN, had sought the consent of court to regularise their statement of defence as well as their counter affidavit dated December 7, 2012.
Justice Atilade granted their request and adjourned the case till March 19 for mention.
In their statement of claim, the claimants want the court to declare that the threat of forceful ejection from 29 Oyinkan Abayomi Street by the defendants is illegal.
They also want 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.
All the above properties were alleged to be under the possession of late
Ojukwu, the father of the claimants, from the time the properties were released from government acquisition till date.
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