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NIGERGATE LIMITED V. NIGER STATE GOVERNMENT & ORS.

(2004) JELR 33745 (CA)

Court of Appeal  •  CA/A/149/2002  •  29 Jun 2004  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JCA; ZAINAB ADAMU BULKACHUWA JCA; ALBERT GBADEBO ODUYEMI JCA;

Judgement

BULKACHUWA, J.C.A. (Delivering the Leading Judgment): The appellant as plaintiff before the Minna High Court claimed for the following reliefs against the respondents by way of originating summons:

"I. A declaration that the purported termination of the contract between the 1st defendant and the plaintiff is ultra vires the agreement dated 22nd June, 2001 and therefore arbitrary, oppressive, illegal, wrongful, null and void and of no effect.

II. A declaration that the contract between the 1st defendant and the plaintiff dated 22nd June, 2001 is valid and subsisting and can only be discharged by effluxion of time and/or in accordance with the terms of the agreement.

III. An order of mandatory injunction compelling the 1st defendant, its agent, servants and privies to abide by the contract in accordance with the terms of the agreement dated 22nd June, 2001.

IV. An order of mandatory injunction compelling the 1st and 2nd defendants, their servants, agents and privies to restore the plain…

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