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ALHAJI ABUBAKAR GIRGIRI V. ELF MARKETING NIGERIA LIMITED

(1996) JELR 40621 (CA)

Court of Appeal  •  CA/J/70/95  •  29 Feb 1996  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE JCA ADRIAN CHUKWUEMEKA ORAH JCA MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JCA

Appearances
J .K. Gadzama For the Appellant; M. Eru For the Respondent.

Judgement

OGUNTADE, J.C.A. (Delivering the Leading Judgment): The appellant as plaintiff in Suit No. M/163/94 before the Maiduguri High Court of Borno State brought a suit against the respondent (as defendant) claiming the following reliefs:

"(i) A declaration that the purported deed of sublease is illegal, null and void and of no effect whatsoever.

(ii) In the alternative, a declaration that the tenancy shall be a period of 8 years and shall expire on the 11th June, 1998.

(iii) An order directing the defendant; its agents, servants and privies to vacate the petrol filling station together with the appurtenances thereon on or before the 11th June, 1998.

(iv) An order directing the defendant to put back the petrol filling station in tenatable conditions and to replace all damaged fixtures, fittings and other appliances.

(v) Cost to this suit.

(vi) Further other reliefs."

The dispute arose in respect of a piece of land along Airport Road, Maiduguri of which the plaintiff was a lessee. The plainti…

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