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THE ESTATE OF OBA JOHN AGBOLA OJOMO & ORS V. FROZEN FOODS NIGERIA LIMITED & ORS

(2009) JELR 47394 (CA)

Court of Appeal  •  CA/PH/3/2008  •  14 Jul 2009  •  Nigeria

Coram
TIJJANI ABDULLAHI JCA; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JCA; EJEMBI EKO JCA;

Judgement

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.C.A (Delivering the Leading Judgment): This is an appeal against the ruling of the Federal High Court, Port Harcourt Judicial Division delivered on 22/6/06 dismissing the defendants'/appellants' application filed on 20/10/05 for an order striking out the plaintiffs'/respondents' suit for lack of jurisdiction.

By a writ of summons and statement of claim filed on 1/8/05, the respondents sought the following reliefs against the appellants:

1. An order directing the defendants to render account of all moneys (sic), rents and benefit whatsoever from all the properties of the plaintiffs company namely:- complete sardine canning plant, located in Trans-Continental Fisheries Complex, Oshodi Apapa Expressway, Lagos; all the Cold Room equipments for the 4,000 - Ton Cold Store including condensing units and evaporator at 57 Trans-Amadi Industrial Layout, Port Harcourt, rents collected from all tenants in the Warehouses at Plot 57 Trans-Amadi Industrial…

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