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THE SHELL PETROLEUM DEV. CO. NIG. LTD V. HOTEL DE DAFAMA LIMITED

(2006) JELR 53409 (CA)

Court of Appeal  •  CA/PH/338/2001  •  5 Jun 2006  •  Nigeria

Coram
VICTOR AIMEPOMO OYELEYE OMAGE JCA (Presided) MUSA DATTIJO MUHAMMAD JCA (Read the Lead Judgment) MONICA BOLNA’AN DONGBAN-MENSEM JCA

Judgement

DATTIJO MUHAMMAD JCA (Delivering the Lead Judgment): At the Rivers State High Court, Coram Daniel-Kalio J., the respondent herein, being the plaintiff had applied against the appellant herein, the defendant thereat, for:-

“An order of interlocutory injunction restraining the defendant whether by its agents, servants, or privies from further debiting the plaintiff’s service/contract account with the defendant and or further withholding any payment due to the plaintiff on the basis of their letter to the plaintiff dated 8/4/99 and debit note No. 4595 of 1999 pending the final determination of this suit.” (Italics supplied for emphasis).

The facts in support of the prayer are as contained in the twenty-seven paragraphed and eight paragraphed supporting and further supporting affidavits. These facts are recounted at once.

The respondent, a limited liability company with its headquarters at Nembe in Bayelsa State, offers hotel services. The appellant is one of respondent’s patrons. O…

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