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NURUDEEN OMOTAYO ALOWONLE V. HARUNA ISHOLA BELLO & ANOR

(1972) JELR 39951 (SC)

Supreme Court  •  SC.62/1969  •  28 Jan 1972  •  Nigeria

Coram
UDO UDOMA JSC GEORGE BAPTIST AYODOLA COKER JSC IAN LEWIS JSC

Appearances
J. A. Cole For Appellant B. O. Benson For Respondent

Judgement

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): The present appellant was the defendant in the High Court, Lagos, where he had been sued by the present respondents, as plaintiffs, on a writ of summons endorsed as follows:

"By virtue of and under a partnership agreement dated the 28th May, 1964, the plaintiffs, the defendant and one F. S. Balogun became partners and traded under the name and style of 'Express Records Dealers Association' (hereinafter called 'the firm') and produced records with the distinguishing label of 'Alowonle Sounds Studio'. The firm was dissolved on the 7th February, 1967.

The defendant, who was the managing director of the firm, has failed and refused and still refuses to render an account of the profit of the firm to the plaintiffs and the other partner and to pay to them their due shares of the profits from the 28th May, 1964, to the 7th February, 1967.

WHEREOF the plaintiffs claim against the defendant as follows:

1. An account of all the profits…

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