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MR S.A. EHIMUA V. NATIONAL OIL & CHEMICAL MARKETING CO. LTD

(1995) JELR 43605 (SC)

Supreme Court  •  SC.51/1989  •  30 May 1995  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; IDRIS LEGBO KUTIGI JSC; EMMANUEL OBIOMA OGWUEGBU JSC; SYLVESTER UMARU ONU JSC; ANTHONY IKECHUKWU IGUH JSC;

Appearances
O.O. Akhidenor, (with him, H. Nwander, (Miss» -for the appellant For Appellant Chief Ben Nwazojie, S.A.N. (with him Emma Okafor, Esq.) - for the Respondent For Respondent

Judgement

KUTIGI, J.S.C. (Delivering the Leading Judgment): The plaintiffs claims as contained in para, 19 of his Amended Statement of Claim read thus -

"19.(a) The sum of N186,483.80 being the value of sales commission of 9,324,190 litres of various types of petroleum products sold or marketed by the plaintiff for the defendant at the plaintiff's Self built service or Filling Station otherwise called "Ekpoma Service Station" or "Ekpoma S/S" situated along Benin/Auchi Road, Ekpoma, between December, 1976 to December, 1980 at the rate of 2k per litre being rent commission for the use of the said station equipments and materials.

(b) Reasonable rent for the use of the said station, equipments and materials for the period of January, 1981 to December, 1982.

OR (c) 2k per litre as agreed commission for the use of the said Filling Station. Equipments and Materials upon sales of Petroleum Products made by the plaintiff for the period January, 1981 to December, 1982. The originals (if the sales Analy…

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