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JOSEPH DABOUL LTD V. CHIEF A. MAJEKODUNMI

(1977) JELR 40832 (SC)

Supreme Court  •  SC.411/1975  •  22 Apr 1977  •  Nigeria

Coram
DARNLEY A. R. ALEXANDER JSC; GEORGE SODEINDE SOWEMIMO JSC; CHUKWUNWEIKE IDIGBE JSC;

Appearances
Mr. M.A.A. Adewale For Appellant Chief B. Olowofoyeku, (with him, Mr. O. Idowu and Mr. S. Igbokwe) For Respondent

Judgement

D. A. R. ALEXANDER, C.J.N. (Delivering the Leading Judgment): At the conclusion of the hearing of this appeal, and without calling on learned counsel for the respondent, it became clear to us that this appeal was without substance or merit and we accordingly dismissed it. We now give our reasons for doing so.

The plaintiff/respondent's claim was for -

"(i) A declaration that between the 10th day of January, 1972 and 24th day of April, 1972 the Defendant agreed to run the transport business of the Defendant's fourteen (14) FIAT Type 682 T3 Registration Nos. LO.6995; LO. 6996; LO.7001 to LO. 7003; LO. 7602 to 7605; LO.7607; LR.4230; LR.6938; LR. 6939 and KNB. 1675 on behalf of the Plaintiff as per a Written Agreement made between the Defendant and the Plaintiff.

(ii) An account of all the proceeds expenses and profits that come to the hands of the defendant or received by any other person on its behalf or account in respect of the running of the 14 FIAT LORRIES or any part thereof betwe…

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