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UNIPETROL NIGERIA PLC V. MUSA DOGO BUKAR

(1994) JELR 43330 (CA)

Court of Appeal  •  CA/J/235M/93  •  1 Mar 1994  •  Nigeria

Coram
DAHIRU MUSDAPHER JCA; RABIU DANLAMI MUHAMMAD JCA; ADRIAN CHUKWUEMEKA ORAH JCA;

Appearances
A. Oyeyipo Esq. For Appellant D.D. Azura Esq. For Respondent

Judgement

MUHAMMAD, J.C.A. (Delivering the Lead Ruling): The applicant look out a writ of summons against the respondent, Musa Dogo Bukar, claiming for:-

"(1) declaration that the said five (5) numbers tanks are the property of the plaintiff.

(2) An injunction to restrain the defendant by himself, his servants or agent otherwise from selling, disposing of or in anyway dealing with the said five numbers tanks or any of them without the consent of the plaintiff,

(3) An order for the delivery up by the defendant to the plaintiff of the said five numbers tanks or payment of (N70, 000 x 5) N350, 000 their value.

(4) Loss of use of the said five numbers tanks from 1988 to date at N50, 000.00 per tank per annum.

(5) Damages for their detention and/or conversion."

In statement of defence, the respondent set up a counter-claim as follows:-

"(1) Order for payment of rent of N10, 000.00 per annum from 1980 - 1988 when the plaintiff was ordered to leave the defendant's property.

(2) The sum of N20, 000.00 …

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