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KONKON CONGLOMERATE LTD & ORS v. NIPCO PLC

(2021) JELR 109427 (CA)

Court of Appeal  •  CA/A/431/2016  •  3 Feb 2021  •  Nigeria

Coram
Monica Bolna'an Dongban-Mensem, JCA Yargata Byenchit Nimpar, JCA Mohammed Baba Idris, JCA

Judgement

MOHAMMED BABA IDRIS, J.C.A. (Delivering the Leading Judgment): By an Originating Summons dated 24th October, 2016 and filed on the same date, the Respondent as Plaintiff at the trial Court instituted an action against the Appellants, who were the defendants at the trial Court for the determination of the following questions:

1. Whether having regards to the extant Judgment of the High Court of Lagos State in Suit No. ID/231/2005 dated 18th January, 2010 between FOWOBI ENTERPRISES LTD. and 4 ORS v. NIPCO PLC and 3 ORS to the effect that the Property lying and situate at 1/15 Dockyard Road Apapa Lagos and the tank farm thereon belong to the Plaintiff, the Defendants have any right of ownership over the assets of the Plaintiff?

2. Whether having regard to the order/Ruling of the Federal High Court Port Harcourt dated 9th May, 2011 in suit No. FHC/PH/CS/241/2011 between AUSCO OIL LIMITED and 3 ORS v. NIPCO PLC and 3 ORS to the effect that the Plaintiff is not the commercial arm of the 5th D…

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