Destiny Obinna
A High Court sitting in Owerri, Imo State, has delivered a landmark judgement in the long-running dispute over the Estate of the late Chief Engr. Oliver Chukwudi Okparaojiako, declaring Mrs. Judith C. Okparaojiako the lawful and only surviving wife of the deceased and affirming her legal entitlement to benefit from his estate.
The judgment, delivered by Justice Chukwunyere, resolved several contentious issues relating to the ownership, administration, and distribution of the late engineer's estate following his death on 18 of July, 2020.
The court held that Mrs. Judith C. Okparaojiako was validly married to the deceased under customary law and is therefore entitled to benefit from both the movable and immovable properties forming part of his estate.
To ensure a peaceful, transparent, and orderly distribution of the estate, the court directed the Traditional Ruler of Amaruru, HRH Eze W. O. Igwe (Ozuomee of Amaruru), to chair an Estate Sharing Committee comprising the Ezes-in-Council, with the parties' legal representatives serving as witnesses. The committee was mandated to commence on the sharing of the Estate from September 2027.
Regarding the deceased's ancestral homestead (Ishi Obi), the court directed that the first son should accommodate Mrs. Judith Okparaojiako, his late father's lawful wife, together with his brothers who have not yet built their own homes and any unmarried sisters until their circumstances change.
The court further ordered Mrs. Judith Okparaojiako should continue to occupy the deceased's residence in Owerri as his lawful surviving wife.
During the proceedings, the court heard evidence that the late Chief Engr. Oliver Chukwudi Okparaojiako had previously been married to the late Mrs. Mary Okparaojiako as his first wife and the late Mrs. Lovely Ifunanaya Okparaojiako as his second wife. Evidence was also presented concerning Mrs. Nonyelom Okparaojiako, whose marriage to the deceased had ended in divorce after more than ten years. The court heard that Nonyelom subsequently remarried Mr. Mathew David Guillory of Texas, United States.
A central issue before the court was Mrs. Judith Okparaojiako's claim that she was customarily married to the deceased. She testified that all customary marriage rites were duly performed. According to her evidence, the deceased paid the bride price and fulfilled all customary requirements prescribed by her family. Her father testified before the court and confirmed that the bride price was paid to him and that the marriage was validly celebrated under their native law and custom.
Counsel to the first and second defendants was Ikedi Agunkwo, while Dr. C. R. Onwuebuchinam represented the third defendant.
The judgment is expected to bring legal certainty to the administration of the late Chief Engr. Oliver Chukwudi Okparaojiako's estate after years of family disputes.
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