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ROCKSHELL INTERNATIONAL LTD V. BEST QUALITY SERVICES LTD BISI ODUNNAIYA (MRS.)

(2009) JELR 53395 (CA)

Court of Appeal  •  CA/L/512/2006  •  14 May 2009  •  Nigeria

Coram
CLARA BATA OGUNBIYI JCA (Presided) RAPHAEL CHIKWE AGBO JCA REGINA OBIAGELI NWODO JCA (Read the Lead Judgment)

Appearances
S. Edu (with him, S. Momoh, Mrs. M. Edu., Miss E. Mbachu and M. Ogboru Esq) - for the Appellant Appearing. -*- J.O. Odubela (with him, Miss A. Ezegbu) - for the Respondent.

Judgement

NWODO JCA (Delivering the Lead Judgment): This is an appeal against the ruling of the High Court of Lagos State, Ikeja Division, delivered on 25 October 2005 dismissing the claimant case against the defendant in its entirety on the ground that the writ of summons and statement of claim of the appellant disclosed no cause of action against the defendant.

By a writ of summons issued on 29 April 2005 by the High Court of Lagos State, the claimant (hereinafter referred to as the appellant) sought against the defendant (now the respondent) as endorsed in the writ and the statement of claim dated 27 April 2005 the following relief:

An ejection and/or removal of the defendants from premises being the (New) VIP lounge of the GeneralAviation Terminal,Murtala Mohammed Airport, Ikeja, Lagos State and subject of concession agreement dated 29 March 2004 and made between the Federal Airports Authority of Nigeria and the claimant. An order of injunction restraining the defendantsfrom carrying on the…

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