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ROYAL ADE NIGERIA LTD DAVID ADEGOKE (TRADING UNDER THE NAME AND STYLE OF DAVID ADEGOKE ENTERPRISES) V. NATIONAL OILAND CHEMICAL MARKETING COMPANYPLC

(2004) JELR 55447 (SC)

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

Coram
IDRIS LEGBO KUTIGI, JSC (Presided) ALOYSIUS IYORGYER KATSINA-ALU, JSC UMARU ATU KALGO, JSC AKINTOLA OLUFEMI EJIWUNMI, JSC (Read the Lead Judgment) DENNIS ONYEJIFE EDOZIE, JSC

Judgement

EJIWUNMI, JSC (Delivering the Lead 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, 1988 through the alleged negligence and/or breach of duty of care of the defendant, 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 defendant’s Petrol Station at Ipokia, Idiroko in the Egbado Local Government Area of Ogun State. Before that event, the defendant 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 of…

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