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LAWRENCE DICKSON v. MOBIL PRODUCING NIGERIA LIMITED

(2016) JELR 42321 (CA)

Court of Appeal  •  CA/C/243A/2012  •  19 Apr 2016  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; PAUL OBI ELECHI JCA; JOSEPH OLUBUNMI KAYODE OYEWOLE JCA;

Judgement

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment): It is trite, that just like the main appeal (CA/C/243/2012) the instant cross-appeal equally stems from the same judgment of the Court below delivered on April 30, 2012 in suit No. HEK/137/2002, in question, to the conclusive effect thus:

On the totality of the evidence before me including the Exhibits, the claimant has proved his case. The defendant has not proved its counter-claim and it is ordered that it be and is hereby dismissed. The claimant's claims are in the alternative. An alternative claim made in a case by a claimant against a defendant cannot be granted along with or in addition to the grant of the main or principal claim made by the same claimant against the same defendant...

In the final result, it is ordered that judgment be and is hereby compelled to renew the contract as awarded to the claimant for grass-cutting, weeding and weeds killing as contained in the terms of contract agreement entered in…

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