judy.legal
Login Register
📄 PDF

UNIVERSAL VULCANIZING (NIG.) LTD. V. IJESHA UNITED TRADING & TRANSPORT & ORS.

(1992) JELR 43131 (SC)

Supreme Court  •  SC.126/1988  •  18 Dec 1992  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI-WHYTE JSC; UCHE OMO JSC; IDRIS LEGBO KUTIGI JSC; EMMANUEL OBIOMA OGWUEBGU JSC; SHEHU USMAN MOHAMMED JSC;

Appearances
Dr. F.A. Ajayi. SAN (with him, B. Adeoye and J.O. Agboola)Taiwo Osipitan. Esq - for the Cross-appellant For Appellant D.A. Akinloye, Esq - (with him, A. Akintoye. Jnr)-forthe 1st, 4th and 5th RespondentsS.A. Mohammadu. Esq. Ag. Deputy Director of Public Prosecutions, Ministry of Justice, Kwara State-for the 6th and 7th Respondents For Respondent

Judgement

U. OMO, JSC (Delivering the Leading Judgment): The claim of the plaintiff/appellant in the High Court of Kwara State (Ilorin Division), as set out in his Statement of Claim, against defendants/respondents jointly and severally is as follows:-

(i) an order for specific performance of the sale agreement between the plaintiff and the 1st defendant;

(ii) a perpetual injunction prohibiting the 7 defendants, their servants and/or agents from further trespassing on, or dealing with the said property;

(iii) a declaration that the purported assignment of the same property to the 5th defendant as per Deed of Assignment dated 10th December. 1984, is null and void and of no effect whatsoever and the setting aside of the aforesaid Deed of Assignment."

The 1st, 4th and 5th defendants in addition to filing a joint Statement of Defence also counter-claimed jointly against the plaintiff as follows:-

"(a) That plaintiff vacate the said property immediately.

(b) Perpetual injunction against the plaint…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login