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Bata Nig. Sales Ltd. v. Brigadier Martin Adamu

(1976) JELR 42469 (SC)

Supreme Court  •  SC.59/1975  •  11 Jun 1976  •  Nigeria

Coram
DARNLEY ARTHUR RAYMOND ALEXANDER JSC; ATANDA FATAYI-WILLIAMS JSC; MOHAMMED BELLO JSC;

Judgement

Alexander, C.J.N.-The original suit (No. JD/71/1974) between the Plaintiff and Defendant was heard in the High Court of the former Benue-Plateau State, in Jos, by Bate, S.P.J., (as he then was), from those judgment there was an appeal to this Court. The appeal was allowed, the judgment of the High Court including the order for costs was set aside, and the case was sent back for rehearing by the High Court with directions that"

(1)the parties be at liberty to amend their pleadings if they are so advised and

(2) the issue described above (that is, in the judgment) and clearly relevant to a just decision of the cause as put by the parties shall be duly decided.

Pursuant to these directions the Plaintiff filed an amended statement of claim dated 10th November, 1975, in paragraph 10 of which he claims against the Defendant

(a) a declaration that the sublease aforesaid granted in favour of the Defendants was determined by reason of defendants breach of some of the terms of the sublease afo…

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