CONOIL PLC (FORMERLY KNOWN AS NATIONAL OIL & CHEMICAL MARKETING PLC) V. MR. OGBONNA NWUKE

ORJI-ABADUA JCA (DELIVERING THE LEAD JUDGMENT): The appellant was the plaintiff that initiated an action against the respondent at the Rivers State High Court sitting in Port Harcourt in suit No. PHC/756/2004 on 4 May 2004 by a writ of summons. Then, by the statement of claim filed by the appellant on 16 May 2004, it claimed against the original defendant, (for herself and on behalf of the Estate of Chief J.H.E. Nwuke, (deceased) as follows:

“(a) A declaration that the plaintiff’s tenancy of the premises known as Conoil Petrol Service Station located on Ikwerre Road, Mile 1, Diobu Port Harcourthas been renewed for a further ten (10) years from 1 April 2004 at an annual rent of ₦400,000.00 (four hundred thousand naira) for the first five years and a renegotiated rent for the second five years of the ten year tenure.

(b) Specific performance of the agreement for the renewal of the plaintiff’s tenancy of the Petrol Service Station located at Mile 1, Diobu, Port Harcourt, which is known …