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IFESINACHI INDUSTRIES NIGERIA LIMITED & ANOR v. VINEE OIL LIMITED

(2015) JELR 36717 (CA)

Court of Appeal  •  CA/B/88/2012  •  2 Jul 2015  •  Nigeria

Coram
IBRAHIM MUSA MOHAMMED SAULAWA JCA; HAMMA AKAWU BARKA JCA; UGOCHUKWU ANTHONY OGAKWU JCA;

Judgement

IBRAHIM MUSA MOHAMMED SAULAWA, J.C.A. (Delivering the Leading Judgment): The present appeal is against the Judgment of the High Court of Delta State, holden at Issele-Uku, delivered on November 30, 2011 in Suit No. HCI/17/2005. By the Judgment in question, the lower court, Coram I.E. Okogwu, J; granted in part the Plaintiff's (Respondent's) claims against the 1st Appellant.

BACKGROUND FACTS:

The Plaintiff (Respondent) is a limited liability company trading on engine oil, fuel, gas, petroleum products and allied goods. It has the head office thereof at 126 Muyibi Street Olodi-Apapa, Lagos, and a branch office at Onitsha-Nkpor Express Way near Army Barracks, Onitsha, Anambra State.

On the other hand, the 1st Appellant (1st Defendant) is a liability company having trucks, luxurious buses, and carrying on transportation business throughout Nigeria. The 2nd Appellant (2nd Defendant) was, at all times material to the instant action, the driver of the 1st Appellant's luxurious bus with Regis…

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