ISTIFANUS THOMAS, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of S.E. Charles Granvile, sitting in High Court of Justice, Port Harcourt in suit NO. PHC/1304/99 delivered on 11th December 2002.
At the lower court, the plaintiff but now to be referred to as responded, entered into a Partnership Agreement with the defendant but now appellant for contract job. After the completion of the contract, the parties failed in sharing of the proceeds which was to be paid by the Shell Petroleum Development Dev. Coy (Nig) Ltd. Having failed to share the proceeds, the respondent filed by Writ of Summons Claiming five reliefs in the High Court of Justice, Rivers State, Port Harcourt Division. The reliefs are as follows
(a) A declaration of this Honourable Court that the Partnership agreement executed on the 11th January 1997 is binding on the Plaintiff and the 1st Defendant as regards contract jobs contained in clause 15 Partnership Agreement viz, Loading core date i…