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MRS. CAROLINE OKONKWO & ANOR v. MOBIL OIL NIGERIA PLC

(2018) JELR 38625 (CA)

Court of Appeal  •  CA/PH/539/2011  •  27 Jun 2018  •  Nigeria

Coram
AHMAD OLAREWAJU BELGORE JCA; FATIMA OMORO AKINBAMI JCA; PAUL OBI ELECHI JCA;

Judgement

AHMAD OLAREWAJU BELGORE, J.C.A. (Delivering the Leading Judgment): By an Amended Statement of Claim filed on the 17th day of July, 2008, the Appellants herein as the claimants before the Rivers State High Court, sitting in Port Harcourt (hereinafter referred to as The Trial Court) claimed against the Defendant (Now The Respondent) in paragraph 26 as follows:

(a) A Declaration that the 2nd Claimant is the named operator of the filling station and is therefore entitled to remain in possession and management of the Mobil Service Station of NPA gate along Industry Road, Port Harcourt until they are evicted through the process of Court.

(b) An Order of Perpetual Injunction restraining the Defendant from forcibly ejecting the Claimants from the Mobil Service Station at NPA gate along Industry Road, Port Harcourt.

(c) An Order directing the Defendant to pay to the Claimants the sum of N4,005,000.00 they paid to the Defendant for the supply of petroleum products, the outstanding deposit balance …

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