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ARCHBOLD EBBA V. CHIEF WARRI OGODO & ORS.

(2000) JELR 44176 (SC)

Supreme Court  •  SC.180/1994  •  2 Jun 2000  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI-WHYTE JSC; MICHAEL EKUNDAYO OGUNDARE JSC; UTHMAN MOHHAMED JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; AKINTOLA OLUFEMI EJIWUNMI JSC;

Judgement

OGUNDARE, J.S.C.: (Delivering the Leading Judgment) The plaintiffs, who are appellants in this appeal, for themselves and on behalf of Ebbah Family had on 8/6/87 sued Chief Warri Ogodo and Warder Samuel Ogodo, for themselves and on behalf of Ogodo Family and The African Timber and Plywood (Nig.) Ltd. as 3rd defendant claiming -

(1) An order apportioning the rent payable by the 3rd defendant between the plaintiffs and the 1st and 2nd defendants.

(2) An order that 1st and 2nd defendants do render a true account of all rents received by them from the 3rd defendant since the judgment in suit No. S/23/74 and payment over to plaintiffs of their share of the said rent.

(3) An order of injunction restraining the 1st and 2nd defendants from receiving the aforesaid rent to the exclusion of the plaintiffs and 3rd defendant from paying over to the 1st and 2nd defendants to the exclusion of the plaintiffs the aforesaid rent."

Following separate applications made by the UAC of Nigeria Ltd. and th…

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