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TOTAL NIGERIA PLC V. CHIEF A. N. MORKAH

(2002) JELR 53607 (CA)

Court of Appeal  •  CA/B/230/99  •  18 Mar 2002  •  Nigeria

Coram
RAPHAEL OLUFEMI ROWLAND, JCA (Presided) SAKA ADEYEMI IBIYEYE, JCA (Read the Lead Judgment) KUMAI BAYANG AKAAHS, JCA

Appearances
Solomon Eghobamien Esq., - for the Appellant. -*- E. N. Kanu Esq., - for the Respondent.

Judgement

IBIYEYE, JCA (Delivering the Lead Judgment): This appeal is sequel A to the judgment of Ehiwario, J. of the Delta State High Court of Justice sitting at Owa-Oyibu in the Owa-Oyibu judicial division in suit No. HCY/1/ 98 delivered on the 14th day of April, 1999. The plaintiff instituted an action against the defendant and sought the following reliefs in paragraph 16, of his statement of claim: “1. A declaration that the purported determination of the Marketing Licence Agreement by a letter dated the 26th of November, 1997, reference No. GSA/MOI/EXT/3497 is null, void and of no effect whatsoever.

A declaration that the Marketing Licence Agreement dated 1st of July, 1995 entered into by the plaintiff and the defendant isstill subsisting and binding on the parties until validly determined; An order directing the defendant to re-instate the plaintiff to his status as a Licence/Business Partner of the defendant without prejudice to entitlements which might have accrued to him during the pe…

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