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FIVE STAR INDUSTRY LIMITED v. BANK OF INDUSTRY LIMITED

(2017) JELR 37212 (CA)

Court of Appeal  •  CA/L/948/2011  •  7 Jul 2017  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; JOSEPH SHAGBAOR IKYEGH JCA; YARGATA BYENCHIT NIMPAR JCA;

Judgement

JOSEPH SHAGBAOR IKYEGH, J.C.A.(Delivering the Leading Judgment): The appeal is from part of the judgment pronounced by the Federal High Court sitting in Lagos (the Court below) wherein it dismissed the appellant's legs of claim for a declaration that the removal of 56 looms from the premises of the plaintiff by the 1st - 2nd defendants on or about 22.01.96 is unlawful, illegal and is in breach of the terms of the consent judgment dated 23.10.95; N300,000,000.00 being special damages for conversion of the plaintiff's machinery and trespass committed by the 1st - 2nd defendants on the plaintiff's premises on 22.01.96; and damages in the sum of N25,000,000.00 for conspiracy between the 1st and 2nd defendants to dispose of all the assets of the plaintiff contrary to the order of Court made on 03.10.95.

In outline, the facts were that the appellant, at all material times was a leading textile company in Nigeria and, in the course of business the appellant became indebted to a consortium of …

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