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BASSEY EDEM & ANOR V. ORPHEO NIGERIA LIMITED & ANOR

(2003) JELR 42063 (SC)

Supreme Court  •  SC.171/1999  •  11 Jul 2003  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; MICHAEL EKUNDAYO OGUNDARE JSC; ANTHONY IKECHUKWU IGUH JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; DENNIS ONYEJIFE EDOZIE JSC;

Judgement

M. E. OGUNDARE, J.S.C. (Delivering the Leading Judgment): The Plaintiffs, Orpheo Nigeria Limited and Dr. Sama Ekpo Sama, (who are Respondents in this appeal), and the Defendants, Bassey Edem and Pamol Nigeria Limited, (now Appellants), had business relationship. The 2nd Defendant owned a cottage hospital on its plantation which it sold to the 1st Plaintiff. The hospital became known as Health Farm Clinic Dr. Sama and was being run on behalf of the 1st Plaintiff by the 2nd Plaintiff, the medical director of the hospital. By an agreement between the 2nd Defendant and 1st Plaintiff employees of the former were being treated, for agreed fees, at the hospital. On the expiration of the agreement the Defendants intimated the Plaintiffs of their intention not to renew it. The 2nd Defendant had by then converted a part of its premises into a clinic and equipped same, for the use of its staff. There was an opening ceremony of this clinic attended by many people, including members of the press. …

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