TSOKWA OIL & MARKETING CO. NIG. LTD. V. U.T.C. (NIG.) PLC E. D. TSOKWA & SONS CO. LTD. SULKAN NIG. LTD. TUNI G. SHANI
(2002) JELR 51341 (CA)
Court of Appeal
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CA/J/40/2000
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21 May 2002
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Nigeria
Coram
ALOMA MARIAM MUKHTAR, JCA (Presided) OLUDADE OLADAPO OBADINA, JCA (Read the Lead Judgment) ISA ABUBAKAR MANGAJI, JCA
Appearances
P. A. Akubo, Esq., - for the Appellant .
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L. E. Manulu, Esq., for the 1st Respondent and holds Y. Sambo’s brief - for the 3rd Respondent .
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Femi Olubiyi Esq., - for the 2nd Respondent .
Judgement
<p><strong> OBADINA, JCA (Delivering the Lead Judgment): </strong> This is an appeal A against the decision of the High Court of Adamawa State sitting at Yola, contained in the ruling of the court delivered by Hon. Justice Abubakar A. Abba, on the 1st of December, 1993. In its writ of summons dated 7th day of April, 1992, the appellant, as plaintiff, claimed as follows:- “(i) The return of two petrol tankers of 30,000 litres and 33,000 litres property of the plaintiff let on hire to the second defendant now seized by the first defendant at their Yola premises without the plaintiff consent or permission and inspite of repeated plaintiff’s demand for their return the defendants have refused and rejected to deliver them up to the plaintiff and are still withholding and or seizing them orthe value of the said two petrol tankers which market value now are N500,000.00 (five hundred thousand naira) only each and for the two, N1,000,000.00.</p><p>The sum of N96,000.00 being loss of earning of the two petrol tankers now…</p>