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OPUTA, J.S.C. (Delivering the Leading Judgment): The present Respondent as Plaintiff sued two Defendants in the Lagos High Court namely Chief Adedapo Adekeye and Alban Pharmacy Limited claiming:
"(a) An account of the Partnership business of "Excelsior Building Society" from the period 24th March 1959 to date;
(b) An Order restraining 1st Defendant from continuing to waste and mismanage the Partnership property or alienating same in any way;
(c) Arrears of rent from 2nd Defendant from 24th March, 1959 to date;
(d) Fifty thousand Naira (₦50,000.00) damages from 1st and/or 2nd Defendant for negligence in managing the partnership business without authority;
(e) Payment in equal shares of all rents and profits accruing from the partnership business."
From the above claims it is pretty obvious that the entire case of the Plaintiff is predicated on the existence of a partnership relationship between the parties. The main issue on which other subsidiary issues will revolve will therefore be…