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Okoye filed the suit at a Jos Chief Magistrates' Court over the late Ojukwu's alleged refusal to settle a year's rent of N42,000 before he died, the News Agency of Nigeria reports.
The unpaid rent covered a shop operated by the former tenant between December 2009 and November 2010.
Okoye, who is a teacher, told the court that Ojukwu did not pay the rent before he died, adding that none of the deceased's relations had shown up to clear the debt.
The case, which is before Chief Magistrate Jacob Atsen, was filed last December.
When the case came up for mention on Monday, the chief magistrate wondered why the teacher decided to sue a dead man.
"I'm surprised really; how do we get to serve the summons and get the accused to answer to the charge?" Atsen asked.
The plaintiff, however, explained that he filed the suit because it was the dead tenant who signed the agreement.
But the magistrate told the plaintiff that as far as the defendant had relations, it might not be out of place for him to be substituted with one of them.
Okoye then gave the name of the deceased's mother, Mama Chimezie, who would be served the summons.
He told the court that in spite of the outstanding debt, the deceased's family locked the shop since January 2011.
The magistrate ordered service of the summons on the new defendant and adjourned the matter till April 4.
