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ROYAL ADE NIGERIA LTD. & ANOR. V. NATIONAL OIL AND CHEMICAL MARKETING COMPANY PLC

(2004) JELR 44976 (SC)

Supreme Court  •  SC.3/2000  •  16 Apr 2004  •  Nigeria

Coram
IDRIS LEGBO KUTlGI JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; UMARU ATU KALGO JSC; AKINTOLA OLUFEMI EJIWUNMI JSC; DENNIS ONYEJIFE EDOZIE JSC;

Judgement

EJIWUNMI, JSC (Delivering the Leading Judgment): This matter which has now culminated in this court was commenced by the plaintiffs at the High Court of Lagos State, Ikeja Division where by suit No. ID/657/89, they claimed for the replacement of their Mercedes Benz Petrol Tanker Registration No. LA2219SJ, which was completely burnt down on the 6th day of February, 1998 through the alleged negligence and/or breach of duty of care of the defendants, their servants or agents. This incident, it was further alleged occurred when the plaintiffs' petrol tanker was discharging the fuel with which it was loaded into the second fuel tank located in the defendants' petrol station at lpokia, ldiroko in the Egbado Local Government Area of Ogun State. Before that event, the defendants had discharged fuel brought by the plaintiffs' petrol tanker into the first of the fuel tanks at the petrol station.

It is the case for the plaintiffs that upon the arrival of their petrol tanker at the petrol station…

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