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CHIEF J. A. OJOMO V. INCAR NIGERIA LTD.

(1993) JELR 43253 (SC)

Supreme Court  •  SC.57/1988  •  17 Sep 1993  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI-WHYTE JSC ABUBAKAR BASHIR WALI JSC OLAJIDE OLATAWURA JSC MICHAEL EKUNDAYO OGUNDARE JSC SYLVESTER UMARU ONU JSC

Appearances
Professor A.B. Kasunmu, S.A.N. S.W. Bamide For the Appellant. Kayode SofolaDotun Akinkugbe For the Respondent.

Judgement

OGUNDARE, J.S.C. (Delivering the Leading Judgment): By a writ of summons issued in May 1982, the plaintiff claimed from the defendants jointly and severally or in the alternative as follows:

"1. Declaration that the Plaintiff's contract with the 1st Defendant as brokers in respect of their workers Benefit Scheme arranged with the 2nd Defendant is still subsisting.

2. An order that the 2nd Defendant do pay to the plaintiff all commission due on the said Benefit Scheme from January. 1981, until the determination of this action."

The Defendants having put in appearance, pleadings were filed and exchanged. By paragraph 21 of his Statement of Claim, the plaintiff claimed as hereunder:

"Wherefore the Plaintiff claims against the Defendants jointly and severally or in the alternative

(i) Declaration that the Plaintiff's contract with the 1st Defendant as Consultants in respect of the 1st Defendant's workers Pension Scheme arranged with the 2nd defendant is still subsisting.

(ii) An Order t…

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